THE 


INDIAN  QUESTION. 


BY 

ELWELL      S.      OTIS, 

LIEUT.-COLONEL    U.    S.   ARMY. 


NEW    YORK: 

SHELDON       AND       COMPANY, 

No.  8    MURRAY    STREET. 
1878. 


Copyright,  1878,  by  Sheldon  &»  Co. 


CONTENTS. 


CHAPTER  I. 

PAGE 

HAS  OUR  INDIAN  POPULATION  DECREASED  ?  1 


CHAPTER  H. 
COLONIAL  INDIAN  POLICY     .......    46 

CHAPTER  III. 
INDIAN  POLICY  OF  THE  UNITED  STATES  GOVERNMENT        .    73 

CHAPTER  IV. 
INDIAN  TREATY  SYSTEM .117 

CHAPTER  V. 
INDIAN  TREATY  SYSTEM 157 

CHAPTER  VI. 
REPORTED  CORRUPTION  IN  THE  INDIAN  BUREAU        .        .198 

CHAPTER  VH. 
CAN  THE  INDIAN  BE  CIVILIZED  ?     -__  .»-— -  ,        .        .        .221 

CHAPTER  VHI. 
How  CAN  THE  INDIAN  BE  CONTROLLED  AND  IMPROVED  ?  .  251 

225382 


THE  INDIAN  QUESTION. 


CHAPTER  I. 

HAS   OUR  INDIAN  POPULATION  DECREASED? 

THE  long  established  belief,  that  the  Indian  population 
of  the  United  States  is  rapidly  disappearing,  and  that  the 
time  is  not  far  distant  when  it  will  become  so  insignificant 
in  size,  that  it  will  cease  to  give  annoyance  to  the  Govern 
ment,  has  scarcely  received  contradiction  until  within  the 
past  ten  years.  Among  a  large  portion  of  our  citizens  an 
opinion  still  widely  prevails,  that  the  Indian  tribes  which 
formerly  roamed  over  the  country  east  of  the  Mississippi 
River,  have  almost  ceased  to  exist.  We  are  occasionally 
informed  of  the  sad  fate  of  the  nations  of  the  former  North- 
West  Territory,  or  possibly,  of  the  advance  in  civilization 
which  those  small  remnants  of  the  Iroquois,  and  Cherokee 
nations  which  still  remain  with  us  have  reached.  The 
State  of  Delaware  is  about  to  place  in  his  final  resting 
place  its  only  red  native,  while  the  summer  visitors  at 
Nantucket  are  shown  the  grave  of  the  last  representative 
of  the  original  proprietors  of  the  soil  of  that  island. 

The  generation  last  past,  were  more  firmly  convinced 
of  this  alarming  decay,  than  the  people  of  the  present. 
President  Jackson  found  humanity  weeping  over  the  fact, 
and  that  fact  was  known  to  every  succeeding  President 
until  the  Mexican  cession  of  territory  partly  replenished 


2  HAS  OUR  INDIAN   POPULATION   DECREASED  ? 

the  loss.  More  than  forty  years  ago  the  artist  Catlin 
hastened  to  the  far  west,  "'  to  lend  a  hand  to  the  dying 
nations"  and  to  snatch  "  from  a  hasty  oblivion  what  could 
be  saved  for  the  benefit  of  posterity."  In  the  official  docu 
ments  with  which  we  are  now  furnished,  we  learn  that  this 
decay  has  been,  in  some  instances,  arrested,  and  that  a 
few  of  the  Indian  nations  are  actually  increasing  in  num 
bers.  Yet  we  are  asked  to  believe,  that  the  Indian  popu 
lation  of  to-day  is  surprisingly  small,  when  compared  with 
that  which  existed  at  the  beginning  of  the  seventeenth 
century. 

The  reliable  data  upon  which  this  belief  is  based  can 
not  be  discovered.  Many  of  the  reports  of  the  French, 
and  indeed  of  the  Jesuit  fathers,  in  regard  to  our  early 
native  population,  appear  as  romantic  as  the  Spanish  ac 
counts  of  the  population  of  the  West  Indies  and  of  Mexico. 
We  can  as  readily  believe,  that  the  Emperor  Montezuma 
controlled  a  force  of  three  millions  of  fighting  men,  or 
that  Hispaniola  contained  a  population  of  one  million  of 
souls  when  discovered  by  Columbus,  or  that  the  Spaniards 
destroyed  within  thirty-eight  years  the  lives  of  fifteen  mil 
lions  of  the  inhabitants  of  the  New  World,  or  that  the 
Spanish  Jesuits  in  Mexico,  in  the  space  of  twenty  years 
brought  nine  millions  of  converts  to  the  faith  of  Eome,  as 
to  place  confidence  in  the  ingenious  stories  which  deceived 
the  ministers  of  the  fourteenth  Louis. 

And  yet  the  current  literature  of  a  very  recent  time 
spread  abroad  these  reports  as  historical  truths,  and  added 
thereto  unsupported  statements  of  marvellous  invention. 
We  are  told  that  the  Six  Nations  of  New  York  numbered  at 
one  time  upwards  of  sixty  thousand  ;  that  more  than  two 
hundred  thousand  Indians  subsisted  upon  the  fish  drawn 
from  the  Columbia  River,  and  the  game  taken  in  its  vi 
cinity  ;  that  the  missionaries  on  the  California  coast  hap 
pily  governed  seventy  thousand  Christian  converts,  and  that 


HAS   OUR  INDIAN   POPULATION   DECREASED  ?  3 

forty  years  ago  the  country  watered  by  the  Mississippi  and 
the  Missouri  Rivers,  and  their  tributaries,  contained  an 
Indian  population  of  four  hundred  thousand  souls. 

These,  and  similar  fictions,  in  reference  to  population, 
have  often  arisen  from  the  statements  made  by  Indians 
themselves  to  the  early  missionaries,  and  to  those  whites 
who  mingled  with  them  for  the  purposes  of  trade.  Nearly 
every  tribe,  however  small,  boasts  of  its  former  import 
ance.  They  all  have  their  brilliant  traditions.  An  ap 
parently  well  informed  Tuscaroran  will  to-day  place  the 
population  of  his  tribe,  before  its  removal  to  the  State  of 
New  York,  at  ten  thousand.  In  the  latter  part  of  tne 
seventeenth  century,  the  Sioux  nation  was  supposed  to 
number  forty  thousand,  but  in  the  year  eighteen  hundred 
and  fifty-two  the  Rev.  Mr.  Riggs  estimated  their  number 
at  twenty-five  thousand  ;  and  during  this  interval  of  tir/ie, 
the  nation  probably  received  an  almost  constant  numerical 
increase.  These  estimates  were  partially  based  upon  In 
dian  reports,  and  almost  entirely  so,  as  far  as  the  early 
French  writers  were  concerned. 

Many  fictitious  accounts  were  spread  abroad  by  the 
early  Canadian  voyagers,  and  gained  more  or  less  credence. 
Their  desire  to  magnify  the  dangers  attending  their 
journeys  into  the  interior  of  the  Continent,  influenced 
them  to  enter  the  field  of  romance  in  their  descriptions  ; 
and  their  residence  upon  the  extended  plains  of  the  west, 
and  their  exciting  labors  upon  its  magnificent  rivers  and 
broad  lakes,  so  enlarged  their  imaginations,  that  it  was 
impossible  for  them  to  confine  their  statements  to  the 
strict  limits  of  truth. 

The  received  impression  of  a  former  numerous  Indian 
population,  has  been  supported  by  historical  mention  of 
frequent  Indian  wars,  in  which  the  Colonies  and  the 
United  States  Government  have  been  engaged.  History 
often  satisfies  itself  by  informing  us  that  the  Indians 


4  HAS   OUR   IKDIAN    POPULATION   DECREASED  ? 

"were  defeated  with  great  slaughter,"  or  it  occasionally 
relates  that  in  certain  engagements,  the  power  of  certain 
nations  was  forever  broken.  It  seldom  gives  numbers  or 
losses. 

Mention  of  exceeding  great  mortality  from  pestilence, 
also  gives  strength  to  this  impression  regarding  popula 
tion.  Vigorous  nations  are  supposed  to  be  reduced  to  in 
significant  proportions  ;  and  indeed  this  supposition  has 
more  to  sustain  it  than  the  supposed  destruction  in  battle. 

The  amount  of  Indian  literature,  as  it  is  termed,  still 
in  existence,  is  very  great.  The  number  of  authors  who 
have  exclusively  treated  of  the  Aborigines  of  the  United 
States,  and  of  the  southern  portion  of  the  Dominion  of 
Canada,  may  be  counted  by  hundreds.  Surely  during  the 
last  three  centuries  these  Indians  have  not  been  neglected 
by  historians  and  chroniclers. 

Congress  appropriated  and  paid  about  eighty  thousand 
dollars  for  the  labor  of  collecting  and  digesting  "  such 
statistics,  and  materials,  as  would  illustrate  the  habits, 
present  condition,  and  future  prospects,  of  the  Indian  tribes 
of  the  United  States,"  and  received  its  information,  I  be 
lieve,  in  six  large  volumes. 

For  several  years,  ethnology  has  been  endeavoring  to 
discover  the  origin,  and  peculiar  characteristics  of  the 
iboriginal  race,  and  has  been  enthusiastically  assisted  by 
skillful  toilers  in  the  various  branches  of  science.  Yet 
with  all  the  research  necessarily  given  to  the  collection  of 
this  mass  of  historical  and  scientific  literature,  the  fact 
that  the  original  Indian  population  of  our  territory  has 
ever  been  extremely  scanty,  except  possibly,  within  the 
valley  of  the  Columbia,  has  but  recently  been  discovered. 
An  enumeration  of  this  entire  early  population,  either  re 
latively  or  approximately,  has  not  been  attempted.  It 
would  be  considered  very  rash  to  assert  that  it  is  nearly,  if 
not  quite  as  numerous  as  at  the  time  of  the  first  successful 


HAS   OUR  INDIAN    POPULATION   DECREASED  ?  5 

colonization  upon  our  eastern  border,  especially  since  such 
a  statement  would  conflict  with  that  "curious  fact,  that 
savages  waste  away  before  modern  civilization."  Such  a 
statement  would  directly  oppose  the  received  opinion  and 
understood  experience  of  the  past  century.  We  are  told 
that  the  New  Zealanders,  the  Australians,  the  Hottentots 
of  South  Africa,  and  the  Moors  of  Barbary,  are  vanishing ; 
"that  the  Tasmanians  have  vanished  ;"  that  many  of  the 
nations  of  the  North  American  Continent  have  ceased  to 
exist,  and  that  the  red  men  are  doomed  to  disappear.  But 
with  the  light  which  documentary  history,  and  published 
correspondence  of  a  private  nature,  have  thrown  upon  the 
former  condition  of  the  aborigines,  their  slight  punishments 
at  the  hands  of  the  whites,  their  subsequent  wanderings, 
and  the  varying  political  or  social  organizations,  in  which 
they  were  included  ;  from  a  careful  consideration  of  theii 
habits  of  life,  and  the  extent  of  country  required  to  sub 
sist  them,  the  assertion  that  this  population  has  not  dimin 
ished  to  any  considerable  extent,  could  be  maintained  with 
a  fair  degree  of  plausibility,  even  if  it  could  not  be  sup 
ported  by  convincing  argument.  I  am  of  the  opinion,  that 
upon  our  own  territory  it  has  scarcely  decreased  during  the 
past  two  and  one-half  centuries, — if  it  can  be  considered 
to  embrace  both  the  full  and  mixed  bloods,  whether  within 
or  without  present  tribal  relations.  Or,  to  make  the  state 
ment  more  clear  and  emphatic,  I  believe  that  the  Indian 
population  of  the  United  States,  as  shown  by  the  ninth 
census,  differs  very  little  numerically  from  the  actual  ex 
isting  Indian  population  of  the  seventeenth  century. 

The  Smithsonian  publication  upon  "  Systems  of  Con 
sanguinity,"  prepared  by  the  Honorable  L.  H.  Morgan,  of 
New  York,  traces  the  migration  of  the  United  States 
Indians  from  the  valley  of  the  Columbia  river.  It  suggests 
the  probable  courses,  or  routes  of  migration,  followed  by 
those  Indians  who  passed  to  the  east  of  the  Rocky  Moun- 


6  HAS   OUR   INDIAN    POPULATION   DECREASED  ? 

tains,  and  sub-divides  them  into  two  great  families  of  na 
tions,  called  respectively,  the  Dakotan,  and  Algonkin  fami 
lies.  The  Mobilian  Indians  of  the  South  are  attached  to 
the  Dakotan  branch.  The  Indians  west  of  the  Rocky 
Mountains  are  classified  as  the  Columbia,  Shoshonee  and 
Apache  families  of  nations,  and  the  village  Indians. 

More  than  one  hundred  distinct  nations  are  mentioned, 
and  the  leading  characteristics  and  recent  movements  of 
many  are  discussed.  Mr.  Morgan's  conclusions  are  gen 
erally  accepted  by  the  scientific  world,  and  I  am  not  aware 
that  any  attempt  has  been  made  to  overthrow  them. 

His  work  furnishes  the  only  comprehensive  history  of 
our  Indian  race  yet  prepared,  and  at  the  same  time?  it 
gives  much  valuable  information  concerning  its  present 
condition. 

Many  of  the  statements  regarding  population  are  ne 
cessarily  based  upon  the  opinion  of  others,  for  reliable 
statistics  cannot  always  be  obtained,  and  therefore  in  some 
cases  his  estimates  of  numbers  are  placed  at  too  high  a 
figure.  Numerical  losses,  which  many  of  the  nations  have 
sustained  during  the  past  two  centuries,  are  also  evidently 
exaggerated. 

He  however  discovers  to  us  many  of  the  lost  tribes 
living  in  new  localities,  and  still  within  their  former  tribal 
organizations.  He  follows  the  remnants  of  once  powerfuV 
nations,  and  finds  them  incorporated  with  kindred  people 
of  other  tribes,  or  existing  as  small  bands  under  new  appel 
lations.  He  has  undoubtedly  put  an  end  to  the  wild 
statements  regarding  Indian  population  which  have  been 
so  universal,  both  in  this  country  and  Europe,  during  the 
last  quarter  of  a  century,  and  which  cannot  be  better 
illustrated  than  by  quoting  the  language  of  Sir  John 
Richardson,  recorded  in  the  report  of  his  journey  from 
Montreal  to  the  mouth  of  the  Mackenzie  River.  He  says 
of  the  Crees  and  Chippeways  :  "  They  are  identified  as  a 


HAS  OUR  INDIAN   POPULATION   DECREASED  ?  7 

nation  with  the  Algonkin,  and  Leni-Lenape,  or  Delawares, 
who  once  owned  the  whole  country  east  of  the  Mississippi, 
as  far  south  as  Carolina,  but  who,  blighted  by  the  preco 
cious  expansion  of  the  Anglo-Saxon  colonists,  have  dwin 
dled  down  to  a  few  remnants  of  mixed  blood." 

A  great  many  of  the  facts  which  Mr.  Morgan  presents 
in  his  work,  are  supported  either  by  Indian  tradition,  or 
by  information  acquired  within  the  present  century.  The 
character  and  numbers  of  those  Indians  inhabiting  the 
interior  of  the  former  Louisiana  territory,  were  almost 
entirely  unknown  until  the  expedition  of  Lewis  and 
Clarke,  in  eighteen  hundred  'and  four  and  five,  passed 
through  the  heart  of  that  country.  It  is  true,  that  for  a 
long  time  previous  to  that  date,  the  fur  trade  was  actively 
conducted  by  many  private  individuals,  and  also  by  part 
nership  enterprises  ;  but  those  who  communicated  with 
the  Indians  in  the  prosecution  of  that  business,  furnished 
little  information  upon  which  reliance  could  be  placed. 
The  factors  of  the  great  American  fur  companies  were 
about  to  enter  the  regions  watered  by  the  Missouri  and 
its  tributaries.  These  men  were  shrewd,  and  intelligent, 
yet  undoubtedly  in  many  instances  very  imaginative,  but 
they  were  competent  to  make  important  inquiries,  and  to 
arrive  at  seemingly  satisfactory  conclusions  ;  and  through 
them,  much  of  our  knowledge  respecting  the  Indians  with 
whom  they  communicated  has  been  derived.  They  often 
varied  materially  in  their  conclusions  upon  the  same  sub 
ject,  and  as  to  population  they  differed  widely.  Indeed 
the  same  individual  was  constantly  changing  his  views,  or 
at  least  his  report  of  estimates,  when  giving,  upon  differ 
ent  occasions,  the  population  of  those  tribes  with  whom  he 
was  most  intimately  connected. 

We  possessed  knowledge  of  the  Indians  of  the  Pacific 
coast  at  an  earlier  date,  although  meagre,  and  from  very 
questionable  sources.  Long  before  the  beginning  of  the 


8  HAS   OUR  INDIAN   POPULATION   DECREASED  ? 

present  century,  citizens  of  foreign  nations  were  engaged 
in  trading  along  that  coast.  In  seventeen  hundred  and 
ninety,  more  than  twenty  vessels,  part  of  which  were 
owned  in  Boston,  were  solely  occupied  in  that  business. 
The  natives  were  supposed  to  be  very  numerous  from  the 
confused  accounts  which  sailors  rendered.  Little  that  was 
reliable  could  be  obtained,  until  Lewis  and  Clarke  reported 
their  discoveries  upon  the  Columbia.  Bonneville  in  eigh 
teen  hundred  and  thirty-three  added  materially  to  the 
stock  of  information,  in  the  report  of  his  journeyings 
among,  and  at  the  bases  of  the  Kocky  Mountains.  Lewis 
and  Clarke  found  thirty-four  distinct  tribes,  or  nations, 
along  the  above  mentioned  river,  but  Bonneville  ascer 
tained  that  the  population  to  the  west  of  the  mountains 
and  south  of  that  river,  was  exceedingly  sparse. 

On  the  coast  of  Lower  California,  missionaries  had  set 
tled  as  early  as  sixteen  hundred  and  ninety-eight,  and 
missions  were  extended  to  the  north,  under  the  auspices 
of  the  Jesuit,  the  Franciscan,  and  the  Dominican  orders. 
They  exerted  considerable  influence  over  that  native  popu 
lation,  numbering  some  thirty  thousand  souls,  and  dwell 
ing  between  the  forty-second  parallel  of  latitude  and  the 
southern  point  of  the  peninsula,  and  from  the  Sierras  and 
the  Colorado  Eiver  to  the  ocean. 

The  Indians  of  New  Mexico,  who  have  so  long  plun 
dered  the  extensive  region  between  the  Colorado  of  the 
West  and  the  forks  of  the  Colorado  of  Texas,  are  increas 
ing  in  population.  Crafty  and  warlike,  they  have  for 
three  centuries  held  the  territory  over  which  they  roam, 
against  the  white  man.  They  drove  out  from  that  country 
the  Spaniard,  and  the  Mexican,  and  have  successfully  re 
sisted,  until  very  recently,  the  attempts  of  the  American 
troops  to  place  them  in  subjection.  The  number  of  Mexi 
can  captives  among  them  attest  their  success,  and  their 
utter  inability  to  understand  the  binding  force  of  treaty 


HAS   OUR   INDIAN    POPULATION   DECREASED  ?  9 

stipulations  is  apparent  from  the  frequency  with,  which 
they  have  made  and  broken  faith  with  their  neighbors — 
the  Pueblos. 

The  Comanches  of  to-day,  differ  little  from  their  an 
cestors  of  the  seventeenth  century,  who  robbed  and  mur 
dered  the  inhabitants  of  the  Mexican  border,  and  who  even 
then  mingled  with  their  own  wild  rites  and  superstitions 
a  barbarous  imitation  of  the  mass.  Those  who  entertained 
La  Salle  on  his  voyage  down  the  Mississippi  Kiver.  would 
doubtless  compare  favorably  with  their  descendants,  who 
are  now  puzzling  the  agents  of  government  in  their  en 
deavors  to  invent  some  method  of  treatment  which  will 
secure  their  willing  obedience.  They  should,  from  their 
long  contact  with  European  civilization,  be  very  much 
wasted  in  numbers,  but  they  are  obstinate,  and  set  natural 
law  at  defiance.  They  refuse  "to  melt  away  as  ice  and 
snow  do  at  the  approach  of  summer,"  and  insist  upon 
perpetuating  and  increasing  their  species. 

The  population  of  the  Missouri  and  prairie  nations  is 
undoubtedly  smaller  than  formerly.  As  a  rule,  strong 
Indian  nations  increase,  and  those  which  are  weak,  dimin 
ish.  The  Ojibways,  the  Sioux  and  the  Crows,  are  stronger 
now  than  ever,  while  the  Poncas,  the  Omahas  and  the 
Missourias  are  represented  by  feeble  communities.  Many 
causes  produce  this  result.  Frequent  hostilities  between 
powerful  and  weak  organizations,  as  between  the  Sioux 
and  Poncas,  or  the  Sioux  and  Pawnees,  make  constant 
drains  upon  the  population  of  the  weaker,  which  is  not 
replenished  by  natural  increase.  These  weaker  organiza 
tions,  hemmed  in  as  they  sometimes  are,  within  a  small 
section  of  country,  are  often  without  sufficient  means  of 
subsistence  ;  or  from  continued  residence  in  the  same 
locality,  without  change  of  camp,  they  invite  by  their  filthy 
condition  the  ravages  of  disease. 

There  is  also  an  attraction  for  the  young  men  of  the 
1* 


10  HAS   OUR  INDIAN   POPULATION   DECREASED  ? 

weaker  tribes  to  join  with  stronger  societies  ;  and  for  this 
reason,  the  agents  in  the  Indian  territory  have  great  diffi 
culty  in  keeping  intact  some  of  the  smaller  bands.  The 
Yanktons  and  Yanktonais  are  largely  represented  in  the 
hostile  Sioux  camp,  and  the  Delawares,  who  wandered  into 
the  State  of  Texas,  resisted  all  attempts  of  the  Govern 
ment  to  unite  them  with  their  own  people.  These  causes 
have  affected  the  Indians  of  the  Platte  and  Arkansas  coun 
tries,  who,  though  probably  in  diminished  numbers,  are 
not  by  any  means  as  depleted  as  commonly  represented. 

The  Pawnees,  who  formerly  roamed  the  arid  plains 
south  of,  and  along  the  Platte  River,  have  been  reported 
within  the  past  forty  years,  to  number  ten  thousand,  but 
are  now  reduced  to  about  twenty-five  hundred.  In  the 
days  of  their  highest  glory,  four  thousand  warriors  de 
fended  a  nation  twenty  thousand  strong. 

A  little  reflection  would  show  how  utterly  incorrect 
any  such  enumeration  must  be.  An  Indian  population  of 
twenty  thousand,  which  totally  neglects  agriculture,  and 
is  deprived  of  the  fruits  of  the  earth,  would  require  a  herd 
of  at  least  one  hundred  thousand  buffaloes  for  its  subsist 
ence.  Twenty  or  thirty  thousand  must  be  annually 
slaughtered,  and  a  great  number  retained  for  increase ; 
and  one  million  of  acres  of  those  nearly  barren  plains 
would  hardly  nourish  them,  even  if  economically  herded. 
How  many  millions  of  acres  it  would  require  to  sustain  a 
sufficient  quantity  of  buffalo  to  subsist  twenty  thousand 
Indians,  when  the  customs  of  the  Indians  and  the  habits 
of  the  buffalo  are  properly  considered,  is  a  problem  exceed 
ingly  difficult  of  solution. 

It  has  been  said,  that  it  requires  six  thousand  acres  of 
land  to  support  an  Indian  who  follows  strictly  the  hunter's 
avocation,  and  the  assertion  can  be  stoutly  maintained. 

The  territory  embraced  within  the  present  boundaries 
of  the  United  States  contains  about  twenty-three  hundred 


HAS  OUR  INDIAN   POPULATION   DECREASED?          11 

millions  of  acres,  and  our  estimated  native  population, 
Alaska  included,  is  three  hundred  and  eighty-three  thou 
sand  ;  hence,  the  area  of  land  in  acres  is  six  thousand  times 
as  great  as  the  number  of  our  Indians.  Scatter  this  popu 
lation  throughout  the  country,  and  give  to  each  person  his 
three  miles  square  of  land,  would  it  be  unreasonable  to 
suppose  that  the  game  would  be  exhausted  in  a  series  of 
years,  if  that  alone  was  depended  upon  for  food  ? 

The  great  majority  of  the  native  population  which  in 
habited  that  portion  of  our  territory  now  known  as  the 
plains  and  mountain  districts  of  the  west,  subsisted  on  the 
products  of  the  chase.  They  were  not  agriculturists. 
There  are  but  few  streams  in  that  region  from  which  fish 
could  be  procured.  That  population  must  therefore  have 
been  extremely  scanty,  and  the  stories  of  the  early  traders 
in  regard  to  their  numbers  do  not  contain  an  element  of 
truth.  To  this  day  the  size  of  the  wandering  tribes  is  not 
known.  Agents  make  wild  estimates,  based  upon  the 
statements  of  half-breed  interpreters,  or  of  whites  long  resi 
dent  at  their  agencies,  and  whose  convictions  depend  en 
tirely  upon  their  feelings. 

The  estimates  are  embodied  in  their  reports,  and  they 
refer  to  them  in  succeeding  years  as  being  probably  correct. 
The  thirty-five  thousand  Indians  heretofore  reported  as  in 
habiting  Nevada,  Utah  and  portions  of  Idaho,  Arizona  and 
California,  dwindle  to  eight  thousand  upon  actual  count ; 
and  when  a  correct  census  of  tribes  in  other  localities  is 
taken,  a  great  falling  off  in  numbers  will  result. 

Indians,  when  obliged  to  subsist  on  the  game  of  the 
country,  generally  separate  into  small  communities,  and 
never  remain  in  the  same  place  for  any  length  of  time  ex 
cept  during  the  winter  months.  Large  encampments  can 
be  maintained  only  where  the  buffalo  are  plenty.  In  cer 
tain  seasons  of  the  year  when  the  buffalo  appear,  the  small 
communities  unite  in  large  camps  which  break  up  and 


12    HAS  OUR  INDIAN  POPULATION  DECREASED  ? 

divide  after  the  pursuit  of  the  buffalo  is  ended.  It  is  com 
mon  to  see  small  bands  of  five,  ten,  twenty  or  thirty  lodges 
roaming  the  plains,  or  to  see  them  encamped  on  the  bank 
of  a  stream  where  wood  and  water  are  abundant. 

In  a  section  of  country  where  the  native  population  was 
great,  the  traveller  would  almost  daily  encounter  these  small 
bands ;  but  published  accounts  of  journeys  made  forty 
years  ago  in  the  heart  of  our  western  territory  show  us 
that  it  was  possible  to  pass  from  the  Wind  River  Mountains 
nearly  to  the  mouth  of  the  Platte,  without  meeting  a  single 
Indian.  The  larger  rivers  of  Colorado,  of  Utah,  and  of 
southern  Idaho  were  explored  about  the  same  time,  and 
but  very  few  native  inhabitants  discovered.  The  Yellow 
stone  Eiver  and  its  tributaries  were  descended  with  com 
parative  safety  though  the  cunning  and  hostile  Crow  war 
rior  was  a  dangerous  enemy  to  meet. 

The  territory  between  the  Mississippi  and  Missouri 
Rivers  was,  upon  its  first  discovery,  under  the  sway  of  the 
Sioux,  and  allied  nations,  to  whom  reference  has  already 
been  made.  They  were  even  then  pressing  back  adjoining 
tribes.  Migration  to  the  east  had  ceased,  and  the  tendency 
of  movement  was  in  a  westerly  direction.  The  Crees  were 
leaving  the  Lake  Superior  region  and  looking  for  a  new 
home  towards  the  setting  sun.  The  Chippewas  were  en 
deavoring  to  wrest  the  banks  of  the  Mississippi  from  the 
Santee  Sioux,  and  they  in  turn  were  crowding  on  their 
Teton  brethren.  The  latter  were  engaged  in  fixing  the 
boundary  line  of  the  Crows  and  Blackfeet  along  the  base 
of  the  great  mountain  range,  and  the  Columbia  River  na 
tions  had  found  an  eastern  barrier,  beyond  which  they 
found  it  impossible  to  advance. 

As  our  information  of  the  territory  beyond  the  Missis 
sippi  River — the  greater  portion  of  which  is  still  unre 
claimed,  and  much  of  the  same  still  unexplored — has  been 
obtained  during  the  present  century,  our  knowledge  in  re- 


HAS   OUE   INDIAN   POPULATION   DECREASED  ?  13 

gard  to  what  is  considered  its  native  Indian  population  is 
very  incomplete.  The  aborigines  who  inhabited  the  country 
east  of  that  river,  even  those  roaming  along  its  banks,  were 
visited  by  whites  more  than  two  hundred  years  ago.  It  is 
essentially  the  last  mentioned  population  which  is  supposed 
to  be  so  fearfully  wasted  ;  for,  it  has  been  made  to  contend 
with  a  vigorous  Europeon  civilization,  which  was  con 
stantly  encroaching  upon  it,  as  it  moved  slowly  to  the  west 
ward.  Erroneous  opinions  now  entertained  of  a  large 
native  population  during  the  early  colonial  period,  and  the 
positive  knowledge  of  to-day,  of  the  insignificance  of  the 
present  existing  population  which  has  descended  from  the 
aboriginal  tribes  and  nations,  brings  the  conclusion  of  the 
great  decay. 

As  it  is  impossible,  with  all  the  carefully  prepared  data 
furnished  during  the  past  ten  years,  to  make  a  correct  esti 
mate  of  the  number  of  Indians  now  within  the  limits  of 
the  United  States,  it  is  apparent  that  it  would  be  difficult 
to  even  approximately  approach  the  strength  of  the  eastern 
Indians  in  the  beginning  of  the  seventeenth  century,  if 
we  alone  rely  upon  recorded  opinions,  which  vary  so  mate 
rially  that  we  can  not  escape  the  conviction  that  many  of 
them  had  not  the  slightest  foundation  upon  which  to  rest 

This  is  not  to  be  wondered  at ;  for  should  we  consult 
government  official  statistics  of  a  recent  date,  we  would  be 
involved  in  confusion.  We  there  find  that  in  eighteen 
hundred  and  twenty-two,  an  Indian  population  of  four 
hundred  and  fifty-seven  thousand  is  reported.  In  eighteen 
hundred  and  thirty,  that  population  numbered  three 
hundred  and  thirteen  thousand.  In  eighteen  hundred 
and  forty,  it  was  four  hundred  thousand,  and  in  eighteen 
hundred  and  fifty-five  three  hundred  and  fifty  thousand. 
We  therefore  discover  a  loss  between  the  years  eighteen 
hundred  and  twenty-two,  and  eighteen  hundred  and 
thirty,  of  one  hundred  and  forty-four  thousand;  and 


14          HAS   OUR  INDIAN   POPULATION   DECREASED  ? 

between  the  years  eighteen  hundred  and  thirty,  and  eigh 
teen  hundred  and  forty,  a  gain  of  eighty-seven  thousand, 
which  is  followed  by  a  loss  of  fifty  thousand  in  the  suc 
ceeding  five  years.  But  the  official  reports  of  the  War 
Department  during  this  time,  show  the  estimated  popu 
lation  of  the  eastern  Indians,  and  we  can  consider  the 
estimates  nearly  reliable.  In  eighteen  hundred  and 
twenty- two,  before  Government  had  put  in  operation  the 
policy  of  Indian  removal  to  the  West,  the  eastern  Indians 
were  said  to  number  one  hundred  and  twenty  thousand. 
In  eighteen  hundred  and  thirty-eight,  the  Commissioner 
of  Indian  Affairs  reported,  that  the  total  number  of  In 
dians  with  whom  treaty  stipulations  had  been  made  for 
their  removal  to  the  west  of  the  Mississippi  River,  was  one 
hundred  thousand,  of  whom  eighty-one  thousand  had 
then  emigrated.  Treaties  had  not  been  made  with  In 
dians  living  without  the  tribal  relation,  nor  even  with  all 
those  within  the  same.  There  were  about  twenty  thou 
sand  Indians  not  included  in  the  report,  so  that  the  figures 
of  eighteen  hundred  and  thirty-eight  agreed  with  the 
estimates  of  eighteen  hundred  and  twenty-two.  The 
plan  of  removal  and  the  expense  attending  it  obliged  the 
War  Department  to  know  the  number  of  individuals  who 
passed  the  Mississippi  Eiver  under  the  provisions  of 
treaties,  and  the  most  of  those  reported  probably  entered 
the  new  Indian  country.  The  thirty-nine  thousand  still 
remaining  were  much  scattered — many  of  them  living  in 
the  populous  States  of  the  East.  It  was  comparatively 
easy  to  enumerate  them.  The  number  in  the  north-west 
could  not  be  determined  with  as  much  accuracy,  but  they 
were  well  known,  and  not  over-estimated  to  any  great 
extent.  It  is  safe  therefore  to  consider  that  the  population 
of  the  eastern  Indians  in  the  year  eighteen  hundred  and 
twenty-two  was  one  hundred  and  twenty  thousand.  This 
is  the  earliest  reliable  enumeration  that  I  am  able  to  ob- 


HAS  OUR  INDIAN   POPULATION   DECREASED?          15 

tain.  From  this  date  until  the  present  time,  the  eastern 
Indians  can  be  followed  in  their  migrations.  The  policy 
of  removal  beyond  the  Mississippi  River,  once  inaugurated, 
was  pursued  through  several  successive  administrations, 
and  in  eighteen  hundred  and  fifty-three,  the  Secretary  of 
the  Interior  announced  that  but  eighteen  thousand  of  the 
aborigines  remained  east  of  that  river.  The  announcement 
must  be  taken  with  a  grain  of  allowance,  for  the  ninth 
census  reports  thirty  thousand  in  that  portion  of  the 
country.  Of  the  ninety  thousand  removed,  about  sixty 
thousand  are  under  the  care  of  the  Government  within  the 
present  Indian  territory,  and  a  large  part  of  the  remainder 
might  be  discovered  after  diligent  search. 

But  it  is  sufficient  for  our  purpose,  if  it  is  admitted 
that  the  former  population  of  the  eastern  Indian  nations 
has  not,  within  the  past  half  century,  met  with  any  great 
numerical  decrease.  During  the  remainder  of  the  discus 
sion  upon  the  subject,  it  becomes  unnecessary  to  refer  to 
yery  recent  dates,  except  when  an  attempt  is  made  to 
trace  the  movements  of  particular  nations  or  tribes,  and  to 
discover  their  strength  at  different  periods. 

The  question  which  presents  itself,  therefore,  may  be 
briefly  stated  as  follows,  viz  : — Did  that  portion  of  our  ter 
ritory  lying  east  of  the  Mississippi  River  contain  an  Indian 
population  numbering  more  than  one  hundred  and  twenty 
thousand  at  the  time  of  European  colonization  ? 

Thirty-five  years  ago,  the  historian  Bancroft,  after  a 
careful  examination  of  authorities,  placed  the  eastern  In 
dian  population  in  the  first  half  of  the  seventeenth  century, 
at  one  hundred  and  eighty  thousand  souls.  His  enumera 
tion,  he  remarks,  approaches  and  perhaps  exceeds  a  just 
estimate  of  the  number  then  existing,  and  if  we  examine 
official  statistics,  some  of  which  are  now  generally  accessi 
ble,  we  are  led  to  conclude  that  many  of  his  estimates  are 
too  large.  Historians  of  particular  nations  however,  writ- 


16  HAS   OUR   INDIAN   POPULATION   DECREASED  ? 

ing  at  more  recent  dates,  intimate  that  he  has  placed  at 
too  low  a  figure  the  past  population  of  nations  whose  deeds 
they  were  endeavoring  to  commemorate,  but  produce  little 
authority  to  overthrow  his  calculations.  Bancroft  allows  a 
past  population  of  ninety  thousand  to  the  Algonkin  family 
of  nations,  and  a  like  number  to  the  Dakotan  division. 
His  conclusions  in  regard  to  the  strength  of  the  latter 
branch  are  probably  more  nearly  correct  than  his  estimate 
of  the  size  of  the  former.  In  one  of  the  early  French  re 
ports,  transmitted  to  the  home  government  in  seventeen 
hundred  and  thirty-six,  an  enumeration  of  all  Indians 
claimed  by  that  kingdom,  as  connected  with  the  govern 
ment  of  Canada,  is  attempted.  We  find  that  the  total 
number  of  Indians  capable  of  bearing  arms,  and  inhabiting 
the  country  lying  along  the  St.  Lawrence  and  Ottawa 
Rivers  ;  from  thence  west  throughout  the  entire  lake  region 
to  Lake  Winnipeg  ;  thence  south  along  the  Mississippi 
River,  sufficiently  distant  to  include  by  an  eastern  line  the 
former  Cherokee  country  ;  thence  north  to  Lake  Ontario, 
including  part  of  the  Five  Nations,  was  placed  at  fifteen 
thousand  eight  hundred  and  seventy-five  warriors.  Two 
thousand  of  the  Sioux  nation  are  embraced  in  the  calcula 
tion,  and  might  be  excluded.  Supposing  therefore,  that 
every  five  inhabitants  could  furnish  one  warrior,  a  fair  pro 
portion,  we  shall  have  within  the  territory  above  described 
less  than  seventy  thousand  Aborigines.  Deduct  from  this 
number  the  ten  thousand  Indians  of  the  Huron  and 
Algonkin  nations,  dwelling  north  of  the  present  United 
States  boundary,  and  less  than  sixty  thousand  remain  ; 
and  by  making  a  further  deduction  of  seven  thousand  one 
hundred  warriors,  or  thirty-five  thousand  inhabitants, 
which  this  French  report  credits  to  the  Cherokee  and  Iro- 
quois  nations,  we  find  that  the  entire  population  of  all  the 
Algonkin  nations  west  of  the  Blue  Ridge,  and  Alleghany 
Mountains,  was  placed  at  less  than  thirty-five  thousand 


HAS   OUR  INDIAN   POPULATION   DECREASED  ?  1? 

souls.  To  the  east  of  these  mountain  ranges,  the  Algonkin 
population  was  little  larger,  as  we  shall  hereafter  attempt 
to  show,  although  it  occupied  the  entire  Atlantic  coast 
from  the  thirty-fourth  parallel  of  latitude  to  our  northern 
limit  of  territory. 

Sir  William  Johnston,  who  was  in  charge  of  the  great 
American  Indian  Department,  reported  officially  in  seven 
teen  hundred  and  sixty- three,  the  fighting  strength  of 
those  Indians  inhabiting  the  State  of  New  York  and  north 
ern  Pennsylvania,  and  of  all  that  territory  included  within 
the  present  United  States  lying  north  of  the  Ohio  River, 
and  between  the  western  boundaries  of  the  States  above 
mentioned  and  the  Mississippi  River.  He  reports  twenty- 
one  hundred  and  fifty  warriors  among  the  Six  Nations,  and 
their  allies  living  upon  the  Susquehanna,  and  nine  thou 
sand  one  hundred  and  twenty  among  the  remaining  nations. 
This  fixes  the  number  of  Indian  inhabitants  within  that 
territory  at  fifty-six  thousand. 

The  Six  Nations  composed  of  the  former  Iroquois,  and 
the  Tuscaroras  who  joined  them  in  the  year  seventeen 
hundred  and  thirteen,  are  credited  with  a  population  of 
nine  thousand  seven  hundred  and  fifty.  Bancroft  gives  as 
the  numerical  strength  of  the  Iroquois  in  the  seventeenth 
century,  ten  thousand  people,  and  to  the  Tuscaroras  seven 
thousand.  If  he  is  correct,  and  Sir  William  Johnston's 
report  is  reliable,  the  Tuscaroras  had  lost  more  than  six 
thousand  of  their  number.  This  cannot  be  possible.  Their 
former  condition  has  been  romantically  portrayed,  and  their 
former  importance  overestimated.  They  were  undoubtedly 
much  reduced  before  they  removed  to  the  north,  but  their 
fifteen  villages  in  Carolina  were  not  as  populous  as  gener 
ally  supposed.  If  they  were  not  larger  than  the  villages  of 
Cherokees  they  could  not  have  contained  more  than  thirty- 
six  hundred  inhabitants.  Sir  William  Johnston  finds  up 
wards  of  nine  thousand  of  the  Five  Nations  proper,  exclud- 


18  HAS   OUR  INDIAN   POPULATION   DECREASED  ? 

ing  those  bands  which  had  already  removed  from  them. 
Bancroft's  estimate  of  their  former  strength  can  not  there 
fore  be  exaggerated.  He  is  strongly  supported  by  French 
and  English  authorities,  dating  from  the  middle  of  the 
seventeenth  century. 

A  French  report  of  sixteen  hundred  and  sixty-six  con 
tains  an  account  of  nine  Iroquois  nations  of  small  num 
bers,  and  Greenhalgh,  who  visited  the  Five  Nations  in  the 
year  sixteen  hundred  and  seventy-seven,  admits  that  they 
were  able  to  muster  twenty-one  hundred  and  fifty  warriors. 
They  attained  their  greatest  strength  about  the  middle  of 
the  seventeenth  century,  at  the  time  of  the  establishment 
of  the  French  missions  among  the  Onondagas  and  Cayugas. 
The  Senecas  were  then  friendly  to  the  French  arms,  and 
they  were  known  to  include  within  their  organization 
fully  one-half  of  the  entire  population  of  the  Five  Nations. 
The  earliest  missionaries  among  them  do  not  estimate  the 
number  of  the  Seneca  warriors  above  twelve  hundred. 

We  have  more  correct,  and  more  complete  information 
regarding  the  Iroquois,  than  of  any  other  portion  of  our 
early  Indian  population.  They  had  pushed  their  con 
quests  over  the  native  race  in  every  direction.  Their  war 
cry  had  been  heard  from  the  New  England  coast  to  the 
Wabash,  and  from  Virginia  far  into  the  interior  of  Canada. 
They  had  reduced  a  score  of  nations  to  submission,  and 
she  resolutions  adopted  at  their  council  fires  might  be 
enforced  in  far  distant  regions.  The  important  geograph 
ical  position  which  they  occupied,  their  strength  and 
determination,  made  them  arbiters  of  the  future  of  the 
French  and  English  colonies.  They  did  more  to  arrest 
French  extension  of  empire  in  the  north,  than  all  other 
human  causes  combined.  Of  them  Governor  Dongan  said 
in  sixteen  hundred  and  eighty-seven,  "  The  five  Indian 
nations  are  the  most  warlike  people  in  America,  and  are 
a  bulwark  between  us  and  the  French  and  all  other  In- 


HAS  OUR  INDIAN   POPULATION  DECREASED  ?          19 

diuns.  They  go  as  far  as  the  South  sea.  the  North-west 
passage  and  Florida  to  war.  New  England,  in  its  last  war 
with  the  Indians  had  been  ruined,  had  not  Sir  Edmund 
Andros  sent  some  of  those  nations  to  their  assistance  ;  and 
indeed  they  are  so  considerable  that  all  the  Indians  in 
these  parts  of  America  are  tributary  to  them." 

In  the  same  year  the  French  send  to  Europe  their 
complaints,  and  demand  the  destruction  of  the  Iroquois. 
They  say  that  war  against  the  latter  is  absolutely  necessary 
to  prevent  a  general  rebellion  of  the  savages,  which  would 
bring  ruin  upon  trade,  and  extermination  upon  the  colo 
nies.  "  An  exterminating  war  will  be  a  merit  in  the  sight 
of  God,  and  for  the  glory  of  the  King ;  for  it  will  assist  to 
establish  the  faith  in  the  west,  and  the  King  will  have  an 
empire  from  the  mouth  of  the  Saint  Lawrence  to  the 
mouth  of  the  Mississippi." 

Louis  listened  to  the  complaint,  and  directed  that  a 
foroe  be  put  in  motion  sufficiently  strong  to  subdue  the 
Iroquois  warriors,  which  were  placed  at  two  thousand 
strong.  He  further  directed  that  the  captives  should  be 
sent  to  France  for  use  in  his  galleys. 

It  seems  incredible,  that  so  small  a  nation  could  sweep 
over  such  an  extent  of  our  northern  territory,  and  hold  in 
subjection  a  large  number  of  the  inhabitants,  who  were  of 
the  same  race  and  of  equal  advancement.  If  the  country 
between  the  Ohio  and  the  lakes  was  as  populous  as  many 
early  reports  represent  it,  those  small  wandering  bands  of 
the  Iroquois,  which  were  frequently  absent  from  their 
villages  on  the  war  path,  could  not  have  escaped  destruc 
tion.  The  Miamis  and  Illinois  were  allied,  and  they 
boasted  of  large  landed  possessions.  Had  they  been  in  any 
considerable  number,  the  Iroquois  could  not  have  wrested 
from  them  and  retained  their  territory. 

It  is  extremely  probable,  that  between  our  northern 
coast  States  and  the  Mississippi,  the  Indians  located  near 


20          HAS   OUR  INDIAN   POPULATION   DECREASED  ? 

the  shores  of  the  lakes  and  along  the  banks  of  the  larger 
rivers,  and  did  not  penetrate  the  interior  except  in  pursuit 
of  food.  That  even  there  they  were  guided  by  the  water 
courses  ;  for,  prior  to  the  introduction  of  the  horse  among 
them,  their  movements  must  have  been  slow  and  tedious, 
and  they  could  not  with  safety  separate  themselves  from 
water.  It  is  extremely  probable,  that  their  villages  were 
considered  as  permanently  fixed,  for  without  the  horse  or 
some  other  beast  of  burden,  any  movement  would  have 
been  attended  with  great  labor. 

These  conclusions  are  supported  by  the  experience  of 
intelligent  whites  who  could  judge  from  observation.  If 
they  are  correct,  do  not  the  incidents  connected  with  the 
journeys  of  La  Salle  and  the  French  Jesuits  convince  u& 
of  the  insignificance  of  the  Indian  population  ?  The 
return  of  La  Salle  from  the  centre  of  the  present  State  of 
Illinois  to  Canada,  along  the  rivers  and  lakes,  and  in  the 
winter,  when  Indians  are  collected  in  large  bodies,  and 
the  wanderings  of  those  men  who  absented  themselves 
from  his  expedition,  show  that  the  country  which  he  was 
exploring  was  almost  without  population.  Joliet  emerged 
from  the  mouth  of  the  Wisconsin,  and  directed  his  canoe 
down  the  Mississippi  when  that  river  was  replenished  with 
the  waters  which  the  season,  of  Spring  bestows,  and  was 
borne  for  many  days  upon  its  swift  current,  without  detect 
ing  any  indications  that  the  vast  wilderness  was  inhabited 
by  man.  From  the  mouth  of  the  Wisconsin  to  the  mouth 
of  the  Ohio,  he  saw  no  Indians  save  a  small  band  of  the 
Illinois.  Hennepin,  in  his  journey  to  the  north,  reports 
and  undoubtedly  had,  a  different  experience,  although  his 
enemies  assert  that  his  statements  bear  the  stamp  of  falsity. 
The  reader,  after  properly  weighing  these  accounts,  can 
not  escape  the  inference,  that  the  great  bulk  of  the  Indian 
population  was  in  the  north  along  the  chain  of  lakes,  and 
that  the  country  immediately  south,  extending  we  might 


HAS   OUR  INDIAN   POPULATION   DECREASED  ?  21 

say,  to  the  territory  of  the  Southern  Indians,  could  hardly 
be  considered  inhabited.  I  am  of  the  opinion  therefore 
that  Sir  William  Johnston's  estimate  of  numbers,  men 
tioned  on  a  preceding  page,  is  large,  and  that  the  whole 
north-west  to  the  Mississippi  boundary,  did  not  even  con 
tain  a  population  of  thirty-five  thousand. 

A  great  difficulty  is  met  when  we  attempt  an  enumera 
tion  of  the  Algonkins  of  the  coast.  Romance  and  history 
have  been  artfully  or  unconsciously  blended,  and  it  almost 
appears  to  us  that  the  first  white  settlers  were  men  of  ex 
traordinary  mould  and  surprising  prowess,  who  forcibly 
beat  back  into  the  wilderness  the  hordes  of  savages  which 
had  determined  upon  their  annihilation.  In  New  England, 
the  great  Captain  Standish  slew  and  spared  not,  until  the 
voice  of  the  good  Robinson  was  heard  from  across  the 
waters,  deprecating  the  deeds  of  blood,  and  recommending 
in  their  stead  earnest  Christian  efforts  for  conversion.  The 
European  emigrants  of  to-day,  who  are  located  upon  our 
Western  plains,  and  whom  the  shadow  of  a  passing  Indian 
affrights,  can  herein  find  examples  worthy  of  emulation  ; 
but  it  would  be  very  mortifying  to  them  to  discover  how 
degenerate  they  are  when  compared  with  the  lion-hearted 
giants  who  preceded  them  in  their  journeyings,  two  and 
one  half  centuries  ago.  We  learn  that  two  men  prevented 
by  their  efforts,  the  destruction  of  the  English  settlements. 
— Miles  Standish  and  John  Eliot.  The  former  by  the  appli 
cation  of  physical  force  spread  terror  among  the  natives, 
and  the  latter,  who  as  early  as  sixteen  hundred  and  twenty- 
eight,  was  deliberating  upon  the  possibility  of  bringing  the 
heathen  under  the  power  of  the  Gospel,  shortly  thereafter 
entered  upon  his  mission,  and  subdued  the  savage  passions 
of  members  of  contiguous  tribes.  Standish  enforced  submis 
sion  through  fear  of  speedy  retaliatory  punishment.  Eliot 
counselled  obedience  to  the  teachings  of  Christ,  and  taught 
the  brotherhood  of  man.  These  two  men  averted  impend- 


22  HAS  OUR  INDIAN"   POPULATION  DECREASED  ? 

ing  ruin.  Without  the  one,  our  Pilgrim  Fathers  and  their 
children  would  have  been  destroyed  ;  and  without  the  ex 
ample  and  labors  of  the  other,  which  were  attended  with 
beneficent  results,  the  English  settlers  would  have  been 
driven  by  King  Philip  and  his  warriors,  into  the  sea. 

Such  conclusions  may  reflect  great  credit  upon  our  an 
cestors  and  exhibit  in  us  a  proper  filial  appreciation  of 
merit.  But  in  attempting  to  reconcile  the  contemporane 
ous  testimony  of  the  past,  one  can  not  escape  the  belief, 
that  the  number  of  the  straggling,  naked  savages  of  New 
England,  has  been  magnified  above  all  proportions.  The 
Indians  were  unfriendly  to  the  whites  and  retired  at  their 
approach.  They  left  it  to  their  Penobscot  friend  to  extend 
the  hospitalities  of  their  country,  in  that  memorable  brief 
speech  of  welcome.  We  can  not  understand  how  an  iso 
lated,  wasted,  and  famishing  colony  numbering  but  fifty 
souls,  could  become  so  firmly  fixed  upon  the  New  England 
shore,  that  the  hostile  natives  could  not  dislodge  it ;  uoi 
how  one  hundred  persons,  composed  of  men,  women  and 
children,  could  penetrate  the  country  to  the  Connecticut 
Kiver,  and  in  the  midst  of  savage  neighbors,  separate  and 
successfully  found,  Hartford,  Springfield,  and  Wethera- 
field.  I  am  unable  to  determine  whether  Captain  Mason 
with  his  eighty  men,  slew  one  hundred  and  eighty,  or  seven 
hundred  of  the  Pequods,  in  that  battle  which  broke  the 
power  of  the  Pequod  nation. 

Nor  is  one  able  to  obtain  any  satisfactory  information 
regarding  the  numbers  of  the  Indians  of  New  England  in 
sixteen  hundred  and  seventy-five,  at  the  breaking  out  of 
King  Philip's  war.  When  eminent  historians  vary  so 
materially  in  their  estimates  of  its  white  population  at  that 
time,  how  can  any  similarity  of  well  matured  opinions  re 
garding  Indians  be  expected.  History  is  very  undecided 
upon  the  entire  subject  of  population.  New  England  may 
have  contained  one  hundred  and  twenty  thousand  whites, 


HAS  OUR  INDIAN   POPULATION   DECREASED  ?          23 

as  Marshall  avers,  or  only  fifty-five  thousand,  as  Bancroft 
maintains.  The  latter  however  introduces  sufficient  cir 
cumstantial  evidence  in  support  of  his  position  to  convince 
the  general  reader.  Now  it  is  very  strange,  that  when 
statements  concerning  the  white  settlers  are  so  irreconcil 
able,  there  should  be  unanimity  of  opinion  in  respect  to 
the  Indian.  Marshall,  Bancroft,  and  Trumbull  place  the 
number  of  Philip's  warriors  at  three  thousand,  and  the 
entire  native  fighting  force  was  assembled  under  his  com 
mand,  except  the  Praying  Indians,  the  Mohegans,  and  a 
portion  of  the  Abenekis.  He  also  drew  from  Eastern  New 
York,  as  far  as  the  land  of  the  Mohawks.  Bancroft  says 
of  this  war,  "  More  than  six  hundred  men,  chiefly  young 
men,  the  flower  of  the  country,  of  whom  any  mother  might 
have  been  proud,  perished  in  the  field.  Of  the  able  bodied 
men  in  the  country,  one  in  twenty  had  fallen."  From  this 
we  infer,  that  out  of  a  population  of  fifty-five  thousand 
whites,  twelve  thousand  were  capable  of  bearing  arms. 
Apply  the  same  rule  in  proportion  to  the  Indians,  and  we 
find  that  three  thousand  warriors  could  be  secured  from  a 
population  of  less  than  fourteen  thousand.  But  how  has 
it  been  ascertained  that  Philip  controlled  a  force  of  three 
thousand  men  ?  They  were  never  seen  and  counted. 
They  never  met  the  whites  in  a  general  engagement. 
They  fought  in  small  numbers  and  depended  upon  sur 
prise.  The  same  band  could  attack  at  different  points 
thirty  or  forty  miles  distant,  within  twenty-four  hours. 
In  less  than  one  week  it  could  pillage  and  murder  on  the 
Connecticut  Kiver  and  on  the  Eastern  coast.  How  then 
could  the  number  of  his  warriors  be  known  ?  Were  the  re 
ports  of  the  armed  men  opposing  them  received  ?  They 
would  be  remarkable  for  uncertainty.  Was  the  estimated 
strength  of  the  tribes  of  Indians  in  hostility  considered  ? 
Correctness  could  not  be  attained  in  such  computation. 
New  Hampshire  and  Western  Massachusetts  must  have 


24  HAS  OUR  INDIAN   POPULATION   DECREASED  ? 

counted,  as  do  now  our  Western  Indian  census-gatherers, 
for  Connecticut  in  the  days  of  the  elder  Winthrop,  but 
forty  years  before  the  war  of  Philip,  claimed  four  thou 
sand  native  warriors.  How  then  could  the  number  be  de 
termined  ?  The  difficulty  seems  to  be  settled  by  the  asser 
tion  that,  "  between  two  and  three  thousand  were  killed 
or 'submitted. 5J:  To  one  acquainted  with  the  modes  of 
Indian  warfare,  and  who  naturally  supposes  that  the  In 
dians  made  the  act  of  submission  through  their  chiefs  and 
representatives,  and  were  not  individually  present  at  the 
time  of  its  consummation,  the  assertion  is  very  unsatisfac 
tory. 

But  it  might  be  well  to  ascertain  the  size  of  this 
Eastern  population  at  a  more  recent  date.  One  century 
later,  Governor  Tryon  of  New  York  made  report  and 
expressed  himself  as  follows  :  "  The  Indians  who  formerly 
possessed  Nassan  and  Long  Island,  and  that  part  of  New 
York  below  Albany,  are  reduced  to  a  small  number,  and 
are  so  dispersed  that  no  account  can  be  taken  of  them. 
They  have  generally  been  denominated  river  Indians,  and 
have  about  three  hundred  fighting  men.  The  tribes  of 
Indians  within  the  Province  of  Massachusetts,  and  the 
colonies  of  Connecticut  and  Rhode  Island,  are  in  similar 
circumstances  with  the  river  Indians,  and  the  Stockbridges 
living  on  the  eastern  border  of  New  York,  are  in  number 
about  three  hundred.  The  Indians  near  Montreal,  and 
on  the  St.  Lawrence  number  about  thirty- five  hundred." 
What  became  of  the  thirty  or  forty  thousand  Indians  of 
New  England,  whom  fifty  millions  of  acres  could  not  sup 
port  ?  Did  a  single  century  destroy  them  and  their  de 
scendants  ?  We  are  told  that  many  perished  in  King 
Philip's  war  ;  that  many  fled  to  the  French  in  Canada, 
and  some  to  their  brothers  on  the  Hudson.  That  many 
died  during  the  war  from  starvation  and  exposure  is 
undoubtedly  the  case,  although  Indians  have  great  tena- 


HAS   OUR   INDIAN   POPULATION   DECREASED  ?  25 

city  of  life,  and  are  not  easily  overcome  by  the  ills  of  the 
flesh.  A  few  fled  to  the  friendly  French  country,  and 
but  few,  else  they  did  not  cease  their  flight  until  they  put 
the  St.  Lawrence  between  them  and  their  enemies.  The 
rest  of  course  decayed,  and  with  astonishing  rapidity  ;  for  it 
is  doubtful  if  three  thousand  Indians  could  be  found  within 
all  New  England,  at  the  time  when  Governor  Tryon  wrote. 
A  careful  consideration  of  the  habits  of  the  New  Eng 
land  Indians  in  sixteen  hundred,  and  the  conditions  which 
climate  and  the  scarcity  of  large  game  imposed  upon  peo 
ple  following  their  modes  of  life,  outweighs  the  uncon- 
sidered  statements  of  Europeans  who  early  visited  them, 
when  an  attempt  is  made  to  approximately  determine 
population.  Some  of  the  nations  rudely  cultivated  the 
soil,  and  grew  their  winter's  supply  of  corn  ;  but  the 
majority  of  them  depended  upon  the  chase,  and  the  sup 
ply  of  fish  which  the  streams  abundantly  yielded.  Game 
was  scarce  and  the  territory  limited,  and  they  must  have 
settled  on  the  banks  of  rivers,  or  the  shore  of  the  ocean, 
for  the  purpose  of  obtaining  their  support.  The  sparse 
population  found  in  such  localities,  except  along  the  coast 
of  Connecticut  and  Khode  Island,  dispels  our  ideas  of 
great  numbers.  The  climate  was  rigorous,  and  the  win 
ters  long  and  severe.  The  exposures  to  which  the  Indian 
children  were  submitted,  and  the  hardships  which  adults 
were  compelled  to  endure,  together  with  the  consequences 
of  tribal  hostilities,  prevented  numerical  increase.  If  New 
England  ever  contained  twenty  thousand  natives,  it  was 
densely  populated  when  compared  with  other  portions  of 
our  eastern  territory.  At  the  time  the  Puritans  landed  on 
its  coast,  the  Indians,  wasted  by  pestilence,  were  too  feeble 
to  make  resistance,  although  of  unfriendly  disposition. 
Disease  must  have  visited  the  interior  and  rendered  them 
likewise  weak,  or  the  tribes  could  soon  have  gathered  to 
drive  off  the  invader. 


26  HAS   OUR   INDIAN   POPULATION   DECREASED  ? 

Of  the  Indians  of  eastern  New  York,  Long  Island  and 
New  Jersey,  the  Dutch  left  few  accounts  ;  for  they  were 
not  interested  in  their  condition,  unless  they  possessed 
valuable  articles  of  trade.  Prescott  remarks,  that  "  the 
French  missionaries  took  up  their  dwelling  among  the  In 
dians  without  protection  ;  they  sought  martyrdom :  the 
Spaniard  came  as  the  knight-errant,  the  Dutch  came  for 
money,  and  the  Saxon  for  a  home."  The  Dutch  trade, 
first  confined  to  its  Indian  Company,  was  finally  thrown 
open  to  all  of  the  inhabitants.  They  resembled  some  of 
the  individuals  with  whom  the  West  is  now  peopled,  who 
leave  their  morality  and  Christianity  in  their  eastern  resi 
dences,  with  the  intention  of  returning,  and  assuming 
former  social  and  spiritual  relations  after  the  acquisition 
of  fortunes.  They  mingled  familiarly  with  the  natives, 
and  drove  sharp  bargains.  Such  conduct  naturally  pro 
duced  unpleasant  consequences,  and  terminated  in  strifes, 
which  the  valorous  Dutch  maintained  with  loss  to  their 
opponents.  They  relate,  that  in  some  of  their  engage 
ments,  they  slew  as  many  as  eighty  Indian  warriors.  Du 
ring  the  forty  years  they  retained  possession  of  New  Neth 
erlands,  the  Indian  population  decreased.  Before  their 
arrival,  the  Leni-Lenape,  and  kindred  people  of  the  Hud 
son,  had  their  masters  in  the  Five  Nations  of  New  York, 
and  could  not  have  been  numerous.  The  Delawares  alone 
were  able  to  make  a  formidable  show  of  strength,  and  of 
them  we  shall  speak  hereafter. 

The  Algonkins,,  to  the  south  of  the  Dutch  provinces, 
were  scattered  and  found  in  feeble  bands,  as  far  as  the 
country  of  the  celebrated  Powhattan  Confederacy.  Its 
capital  at  Richmond,  Virginia,  the  home  of  its  distin 
guished  chief,  consisting  in  sixteen  hundred  and  seven  of 
twelve  lodges,  gave  law  to  the  numerous  people  of  the 
confederated  tribes,  who  had  acquired  a  dislike  for  the 
whites,  as  their  coast  had  been  plundered  by  the  slave- 


HAS   OUR   INDIAN    POPULATION   DECREASED  ?  27 

traders  for  nearly  a  century.  In  the  heart  of  this  un 
friendly  nation,  and  but  a  short  distance  from  its  capital, 
one  hundred  Europeans  planted  a  settlement,  and  were  so 
reduced  in  a  few  months  by  famine  and  sickness,  that  but 
fifty  remained  alive.  Of  this  fifty,  but  five  able-bodied 
men  remained  to  guard  the  defences,  and  still  they  held 
their  post  secure  against  the  natives.  The  losses  were  re 
plenished  from  the  old  world,  only  to  be  reduced  by 
desertion  and  disease.  In  sixteen  hundred  and  ten,,  the 
colony  numbered  but  sixty  souls,  and  "  these  were  so  fee 
ble  and  dejected  that  if  relief  had  been  delayed  but  ten 
days  longer,  they  all  must  have  utterly  perished."  While 
this  colony  bravely  maintained  its  position,  the  Indian 
tribes  plotted  for  its  destruction.  Its  wanderers  in  search 
of  food  were  cruelly  murdered. 

The  relentless  savages  hung  upon  their  footsteps  if  they 
emerged  from  their  palisades.  In  the  meantime,  Captain 
John  Smith,  with  twenty  sturdy  followers,  attempted  an 
exploration  of  the  land,  and  was  unsuccessful,  only  because 
his  little  army  separated  into  independent  columns,  which 
were  overpowered  by  their  enemies.  He  made  a  subse 
quent  attempt,  and  reached  the  mouth  of  the  Susquehanna 
River,  from  whence  he  returned  in  triumph  to  Jamestown. 
During  this  expedition,  Smith  met  many  Indian  tribes 
which  he  vanquished  and  reduced  to  submission,  and 
then  sought  their  friendship  and  alliance.  Upon  the 
arrival  of  Lord  Delaware,  the  condition  of  the  colony  com 
menced  to  improve,  and  to  increase  in  numbers.  It 
grew  to  seven  hundred  men,  extended  itself,  and  drove 
back  the  Indians,  whose  lands  it  forcibly  appropriated. 
From  sixteen  hundred  and  seven  to  the  time  of  Rolfe's 
marriage  in  sixteen  hundred  and  fourteen,  the  native 
population  warred  against  the  intruder,  but  without  suc 
cess.  Its  numbers  were  great,  and  the  warriors  could  be 
counted  by  thousands.  Within  sixty  miles  of  Jamestown, 


28  HAS   OUR   INDIAN    POPULATION   DECREASED  ? 

there  were  five  thousand  Indians,  and  the  banks  of  the 
Potomac,  Rappahannock,  and  other  large  rivers  of  Vir 
ginia,  were  thickly  populated. 

Such  and  similar  accounts,  history  records  as  truth, 
and  permits  the  reader  to  reconcile  the  inconsistencies  as 
best  he  can.  History  proceeds  in  its  deception,  and  not 
only  receives  within  its  elastic  folds,  the  unrestrained  state 
ments  of  imaginative  persons,  which  posterity  has  pre 
served,  and  which  the  evidences  of  circumstances  over 
throw,  but  it  so  presents  supposed  statistical  facts,  as  to 
give  color  to  those  statements,  and  the  deception  can  not 
be  detected,  unless  a  careful  analysis  is  made. 

Immediately  following  the  narration  of  the  Indian  out 
break  of  Virginia,  in  sixteen  hundred  and  twenty-two,  is 
given  the  number  of  the  white  inhabitants  of  the  colony. 
The  London  Company  sent  out  nine  thousand  people,  and 
still  the  population  in  the  year  above  mentioned  was  but 
eighteen  hundred  persons.  Bancroft  however  speaks  more 
guardedly,  and  says,  "  A  year  after  the  massacre  there 
still  remained  two  thousand  five  hundred  men ;  the  total 
number  of  the  emigrants  had  exceeded  four  thousand." 
These  figures  must  be  in  a  great  part,  matter  of  conjec 
ture.  A  loss  of  six  thousand  in  the  colony  in  fifteen  years, 
could  not  be  accounted  for,  except  on  the  supposition  that 
the  action  of  the  Indians  produced  it.  A  loss  of  fifteen 
hundred  could  be  mostly  attributed  to  natural  causes. 
The  colony  extended  itself  upon  the  lands  lying  along  the 
rivers,  where  the  deadly  miasma  would  rapidly  diminish 
its  numbers.  The  first  three  years'  experience  at  James 
town,  show  what  destruction  the  diseases  of  that  climate 
can  accomplish  upon  emigrants  from  a  healthy  European 
country. 

A  candid  examination  of  events  convinces  us  that  Vir 
ginia  contained  but  few  of  the  aboriginal  race,  even  if  the 
extended  territory  necessary  for  Indian  subsistence  is  un- 


HAS   OUR  IKDIAN"   POPULATION"    DECREASED  ?  29 

considered.  Forty  or  fifty  sick  men,  within  rude  fortifica 
tions  of  hasty  construction,  (and  we  can  imagine  them  ex 
tremely  rude,  if  we  take  into  consideration  the  character 
of  the  first  Virginia  immigrants,)  could  not  maintain  their 
position  against  hundreds  of  hostile  savages  for  successive 
months,  notwithstanding  the  latter  had  only  weapons  of 
their  own  manufacture.  Days  and  nights  of  painful  watch 
ing  and  waiting  depress  the  spirits  of  the  most  determined, 
precedes  despair,  which  is  followed  in  turn  by  submission 
to  what  seems  an  inevitable  destiny.  Neither  could  eigh 
teen  hundred,  nor  twenty-five  hundred  men  furnish  need 
ful  protection  to  the  settlements  of  Virginia,  and  at  the 
same  time  exterminate,  drive  out,  or  subdue,  a  numerous 
native  race,  furnished  with  fire-  arms  of  as  good  pattern  as 
they  themselves  possessed.  That  the  Indians  had  many 
European  arms  when  the  war  inaugurated  by  Powhattan's 
successor  was  waged,  has  been  placed  upon  record  as  a 
fact ;  and  that  they  obtained  them  in  trade  with  the  whites 
as  early  as  sixteen  hundred  and  seventeen,  appears  evident 
from  the  prohibition  contained  in  our  first  colonial  inter 
course  law,  issued  by  Governor  Argal,  in  which  it  was  for 
bidden  to  "  any  person  to  traffic  privately  with  the  Indians, 
or  teach  them  the  use  of  fire-arms,  under  the  pain  of 
death." 

We  might  descend  in  Virginia  history,  through  the  ad 
ministration  of  Governor  Jeffreys,  and  discover  many  ac 
counts,  equally  as  marvelous  and  as  difficult  of  comprehen 
sion,  if  the  belief  in  a  numerous  Indian  population  is 
entertained.  We  intend  no  disparagement  therefore  to 
the  memory  of  the  great  Powhattan  Confederacy,  when  we 
state  our  conviction  that  it  never  contained  ten  thousand 
individuals.  It  would  be  to  its  credit  rather  to  place  its 
numbers  at  a  lower  figure,  and  to  represent  it  as  too  weak 
and  scattered  to  resist  the  feeble  attempts  of  the  whites 
during  the  early  years  of  colonization,  or  to  allay  the 


30  HAS   OUR   INDIAN"   POPULATION   DECREASED  ? 

fears  which   seized  it  at   the   approach  of  the  Mohawk 
warrior. 

To  the  Southern  nations,  namely,  the  Gulf  nations, 
and  the  Cherokees,  Bancroft  allows  at  the  beginning  of 
the  seventeenth  century  a  population  of  fifty  thousand, 
and  says,  that  since  that  time  their  population  has  in 
creased.  Early  information  regarding  them  is  very  meagre. 
The  Spanish  and  French  missionaries  in  Florida  and 
Georgia  knew  little-  of  the  interior.  Some  of  the  state 
ments  might  be  as  worthy  of  belief  as  the  sad  story  of  the 
extinct  Hatteras  tribe,  which  in  the  days  of  Sir  Walter 
Raleigh  had  twenty  thousand  people,  and  lost  all  but  one 
hundred  of  them  in  a  century  and  a  half.  De  Soto.  in  his 
expedition  along  the  Southern  coast,  from  Tampa  Bay  to 
the  Mississippi  River,  during  fifteen  hundred  thirty-nine 
and  forty,  found  a  number  of  small  Indian  villages,  and 
quite  a  city  upon  the  site  which  Mobile  now  occupies ; 
but  he  did  not  penetrate  into  the  interior  of  the  continent. 
At  the  beginning  of  the  eighteenth  century,  when  French 
colonization  in  the  South  was  begun,  the  wars  between 
the  Chootaws  and  the  Chickasaws  had  produced  deadly 
enmity  between  the  representatives  of  those  nations,  and 
the  Chickasaws  excluded  the  French  from  their  territory. 
The  Spanish  priests  in  Florida  had  gathered  the  Indians 
of  the  peninsula  into  towns  and  villages,  and  were  endeav 
oring  to  impart  to  them  the  benefits  of  a  European  civili 
zation  ;  but  they  were  confined  in  their  labors  to  a  small 
section  of  the  Spanish  possession.  When  hostilities  between 
the  English  and  Spanish  colonies  broke  out,  it  was  possi 
ble  for  Carolina  to  summon  one  thousand  Indian  warriors 
to  its  assistance,  and  Florida  could  count  its  native  allies  by 
hundreds.  It  was  possible  for  the  French  to  call  twelve 
hundred  Choctaw  warriors  to  aid  in  the  proposed  chas 
tisement  of  the  proud  Chickasaw  nation,  and  that  nation 
was  able  to  resist  the  invasion,  and  to  drive  back  the 


HAS   OUR   IKDIAN    POPULATION   DECREASED?  31 

combined  force.  It  would  seem  then,  that  the  Southern 
portion  of  our  territory,  east  of  the  Mississippi  River,  had 
a  large  native  population,  and  that  Bancroft's  estimate 
is  not  an  exaggeration.  Within  this  section,  if  anywhere, 
the  presence  of  great  numbers  would  be  expected.  Here 
a  warm  and  genial  climate  protected  infancy,  and  gave 
comfort  to  the  sick.  A  luxuriant  soil  returned  an  abun 
dant  harvest  of  corn  for  the  seed  carelessly  planted,  and 
nourished  a  great  abundance  of  game.  Winter  did  not 
compel  a  summer's  labor  on  the  part  of  the  inhabitants, 
and  famine  and  frost  had  no  victims. 

Thus  have  we  hurriedly  considered  the  Indians  who 
roamed  over  the  eastern  portion  of  our  territory,  and  briefly 
noted  the  suggestions  which  arise  in  the  mind,  in  regard 
to  their  strength.  When  we  study  their  habits  of  life,  and 
the  relation  which  they  sustained  to  the  French,  English, 
and  Spanish  colonies,  does  it  not  seem  that  Bancroft 
might  have  made  a  great  reduction  in  his  estimate  of  one 
hundred  and  eighty  thousand,  and  supported  it  with  equal 
consistency  ?  If  to  the  Algonkin  nations  there  should  be 
allowed  for  population,  sixty  thousand,  and  to  the  Dakotan 
nations,  after  deducting  the  Sioux  tribes  which  voluntarily 
crossed  the  Mississippi,  sixty-five  thousand,  would  the  esti 
mate  appear  to  be  too  greatly  reduced  ?  Upon  such  a 
basis,  the  population  of  the  Algonkin  family  west  of  the 
Alleghany  Mountains  could  be  placed  at  twenty-five  or 
thirty  thousand  ;  and  the  nations  of  that  family  east  of  the 
same  at  thirty  thousand  ;  the  Five  Nations  of  New  York, 
and  the  Tuscaroras,  at  thirteen  thousand,  and  those  of  the 
Gulf,  with  the  Cherokee  included,  at  fifty  thousand. 

We  will  again  recur  to  the  eastern  Indian  population 
of  eighteen  hundred  and  twenty-two,  which  we  know  to 
have  been  about  one  hundred  and  twenty  thousand,  and 
ask  how  supposed  great  losses  in  numbers  can  be  accounted 
for.  We  wish  to  discover  the  causes  of  this  great  decline 


32  HAS   OUK   INDIAN   POPULATION    DECREASED  ? 

or  decay  of  population,  and  ascertain  how  effective  they 
have  been  in  producing  supposed  results.  Any  definite 
determination  is  of  course  impossible,  but  many  long  ex 
isting  fallacies  may  be  exploded.  The  mere  presence  of 
the  European  does  not  produce  a  miraculous  blighting 
effect  upon  Indians.  The  white  man's  food  does  not  in 
stantaneously  kill,  nor  does  it  shorten  their  span  of  life. 
On  the  contrary,  they  thrive  admirably  upon  it,  and  the 
wild  tribes  of  to-day  which  government  is  feeding,  furnish 
sufficient  proof  of  the  fact.  The  European  injures  them, 
because  he  limits  the  hunting  grounds,  and  assists  to  de 
stroy  the  game,  their  chief  subsistence.  Distress  and  fam 
ine  may  follow,  unless  they  remove  into  the  wilderness,  or 
become  tillers  of  the  soil  and  depend  upon  the  earth  for 
nourishment. 

But  it  may  be  said  that  the  European  brought  pesti 
lence.  Undoubtedly  he  is  responsible  in  a  certain  degree 
for  its  frequent  recurrence,  but  the  results  of  its  ravages 
were  apparent  when  he  reached  the  American  shore.  In 
dians  never  attained  that  purity  and  simplicity  of  living 
which  defies  disease,  and  European  intercourse  was  not 
necessary  to  originate  it  among  them.  Those  contagious 
and  infections  diseases,  which  medical  skill  has  partially 
placed  under  its  control,  and  which  occasionally  visit 
white  communities,  are  particularly  severe  upon  our 
Indian  race.  During  the  year  eighteen  hundred  and 
seventy- three  one-ninth  of  the  Santee  Sioux  of  Nebraska 
died  of  small  pox.  That  contagion  swept  away  great  num 
bers  in  eighteen  hundred  and  thirty-two.  It  will  never  be 
known  how  serious  have  been  the  consequences  of  commu 
nicated  maladies,  or  pestilence  in  its  varied  forms,  to  the 
aborigines ;  but  that  they  have  been  sufficient  to  prevent 
much  increase  in  population,  or  to  periodically  cut  off  in 
creased  population,  can  be  believed.  The  plagues  of 
Europe  appeared  to  have  almost  depopulated  sections  of 


HAS   OUR  INDIAN-   POPULATION   DECREASED  ?  33 

country.  Towns  and  cities  were  scourged,  until  the  re 
maining  inhabitants  seemingly  constituted  but  a  small 
fraction  of  former  numbers  ;  yet  a  few  years  of  ordinary 
health  and  prosperity  restored  the  wasted  strength,  and 
brought  society  to  the  condition  attained  before  it  was 
visited  by  malignant  disease.  So  with  our  native  stock  ; 
pestilence  has  sought  it,  and  destroyed  the  accumulated 
increase  of  favorable  periods.  A  few  strong  nations  are 
brought  low,  while  others  escape,  and  in  a  short  time  the 
united  population  is  found  to  vary  little  from  that  of  a 
preceding  century. 

Another  supposed  cause  of  Indian  numerical  decrease 
is  war.  As  a  rule,  distinct  races  of  men,  when  brought  in 
contact,  contend  for  the  possession  of  territory.  Antipa 
thies  of  race  add  energy  and  cruelty  to  hostilities,  which 
continue  until  terminated  by  the  submission,  removal,  or 
extinction,  of  one  or  the  other  of  the  combatants. 

Impressed  with  this  fact,  which  universal  history  sup 
ports,  and  which  the  philanthropist  ascribes  to  the  moral 
weakness,  depravity,  or  degeneracy  of  humanity,  and  not 
to  natural  law,  we  think  of  the  poor  Indian  as  forcibly 
driven  from  his  home  through  great  tribulations  and 
slaughter,  and  bemoaning  in  his  present  exile,  departed 
glory  and  past  importance.  Or,  remembering  the  un 
christian  contention  of  the  Christian  colonies  settled 
within  the  land,  and  the  base  uses  which  they  made  of 
Indians  as  allies,  we  are  prepared  to  believe,  upon  slight 
investigation,  that  great  destruction  of  Indian  life  ensued. 
We  forget,  that  before  the  European  undertook  the  task 
of  native  subjection,  or  before  he  attempted  to  give  direc 
tion  to  the  impulse  of  savage  passion,  the  Indian  nations 
were  engaged  against  each  other  in  open,  relentless  wars. 
— Irving,  in  speaking  of  the  traditions  concerning  the  con 
tests  between  the  Sioux  and  Cheyennes,  remarks,  that 
"  there  appears  to  be  a  tendency  to  extinction  among  all 
2* 


34  HAS   OUR   INDIAN    POPULATION   DECREASED  ? 

the  savage  nations,  and  this  tendency  was  in  operation 
long  before  the  advent  of  the  white  man."  Iroquois  and 
Huron,  Mohawk  and  Mohegan,  Choctaw  and  Chickasaw, 
Pawnee  and  Crow,  Chippewa  and  Sioux,  were  arrayed 
against  each  other  in  uncompromising  hostility.  Tribes 
were  constantly  provoking  each  other's  enmity,  and 
severing  the  rude  national  organizations. 

New  combinations  or  affiliations  were  continually  being 
made,  and  small  bands  were  being  scattered  never  to  be 
re-collected.  The  entire  population,  uncivilized,  unsettled, 
and  divided  against  itself,  expended  its  surplus  energy  in 
violation  of  moral  law,  in  deeds  of  atrocity  and  blood. 
At  the  approach  of  the  European,  it  was  necessary  to  com 
bine.  As  he  slowly  but  steadily  advanced  from  the  ocean 
shore  toward  the  interior,  firmly  grasping  in  his  progress 
the  hereditary  possessions  of  the  Indians,  the  latter  were 
obliged  to  force  him  to  retreat,  or  else  to  retire  before  him. 
The  situation  compelled  a  healing  of  long  nourished  ani- 
mesities,  in  order  that  they  might  unite  for  the  struggle. 
"The  advent  of  the  white  man"  therefore,  arrested  ''the 
tendency  to  extinction,"  which  was  in  operation  before  his 
arrival. 

What  now,  we  ask,  was  the  result  of  this  struggle  upon 
Indian  population  ?  Did  it  produce  a  greater  reduction 
than  the  natural  increase  would  be  likely  to  supply  ?  Or, 
to  give  a  broader  signification  to  the  question,  we  will  ask 
whether  or  not  the  battles  between  the  whites  and  Indians, 
and  the  battles  between  the  opposing  colonists  in  which 
Indian  aid  was  employed,  materially  reduced  our  native 
population  ?  The  question  admits  of  considerable  discus 
sion,  because  of  the  dearth  of  accounts,  or  rather  positive, 
historical  statement.  We  will  refer  to  particular  instances, 
in  order  to  show  how  erroneous  prevailing  opinions  are,  in 
regard  to  the  destruction  of  Indian  life  consequent  upon 
European  interference,  The  Cherokee  nation  for  instance. 


HAS   OUR   INDIAN    POPULATION    DECREASED  ?          35 

is  understood  to  have  received  fearful  punishment  at  the 
hands  of  the  whites,  upon  three  different  occasions  : — in 
seventeen  hundred  and  sixty-one,  in  seventeen  hundred 
and  seventy-nine  and  in  seventeen  hundred  and  eighty. 
The  injuries  received  in  seventeen  hundred  and  sixty-one 
are  generally  stated  to  have  been  an  overwhelming  defeat, 
the  destruction  of  the  middle  settlement,  and  the  wasting 
of  the  country  to  such  an  extent  that  the  nation  sued  for 
peace,  which  it  obtained  by  the  ratification  of  a  treaty. 
Loss  of  life  must  have  been  slight,  or  the  speedy  recupera 
tion  which  followed  would  have  been  impossible.  In  the 
engagements  of  seventeen  hundred  seventy-eight  and  nine, 
the  Cherokee  loss  is  thus  stated,  in  a  communication  writ 
ten  by  Jefferson  addressed  to  Gen.  Washington  :  "  The 
damage  done  them  was  killing  half  a  dozen,  burning  eleven 
towns,  twenty  thousand  bushels  of  corn,  and  taking  so 
many  goods  as  sold  for  twenty-five  thousand  pounds." 
Referring  to  the  last  mentioned  punishment,  Jefferson  thus 
describes  i;t  in  a  letter  dated  February  17th,  1781 :  "The 
militia  of  this  State  and  North  Carolina  penetrated  into 
the  Cherokee  country,  burned  almost  every  town  they  had, 
amounting  to  about  one  thousand  houses  in  the  whole, 
destroyed  fifty  thousand  bushels  of  grain,  killed  twenty- 
nine  and  took  seventeen  prisoners."  From  these  reports  it 
appears  that  the  Cherokees  lost  but  thirty-five  of  their  peo 
ple  in  two  invasions  which  devastated  their  country. 

In  seventeen  hundred  and  seventy-nine,  General  Sulli 
van,  in  command  of  a  body  of  troops  numbering  four  thou 
sand,  undertook  to  chastise  the  Six  Nations  of  New  York. 
He  was  but  slightly  resisted  at  Chemung  and  Newton  and 
found  their  villages  deserted.  After  destroying  their  abodes, 
their  fruit  orchards  and  stores  of  grain,  he  retreated. 

Here  were  two  powerful  and  warlike  nations,  which 
could  not  be  forced  into  regular  engagements  when  even 
their  country  was  invaded,  and  houses  destroyed  ;  but  after 


36  HAS   OUR   IXDIAST   POPULATION    DECREASED  ? 

the  manner  of  Indians,  they  retired  at  the  approach  of 
armed  bodies,  ready  doubtless  to  strike,  when  they  thought 
success  might  be  obtained  without  much  danger  to  them 
selves. 

But  how  did  the  French  and  English  allies  conduct 
themselves,  and  did  they  make  attacks  or  resist  those  of 
the  enemy,  in  honorable  warfare  ?  Montcalm's  Indians 
were  useful  when  concealed  by  timber,  or  rude  breast 
works,  and  they  delighted  to  slaughter  a  conquered  and 
unarmed  foe.  Sir  William  Johnston  with  his  thousand 
Iroquois,  might  have  furnished  substantial  aid  to  Amherst, 
in  the  progress  of  his  march  to  Montreal,  had  he  sooner 
joined  him,  but  could  do  little  after  that  city  was  invested. 
The  French,  who  controlled  the  entire  native  population 
of  the  North  and  West,  except  the  Six  Nations  of  New 
York,  strengthened  the  small  garrison  at  Fort  Du  Quesne 
with  a  large  body  of  Indians,  who  deserted  at  the  approach 
of  the  English,  and  without  waiting  to  contest  the  position. 
Upon  the  capture  of  the  fort,  the  Indians,  from  the  lakes 
to  the  Ohio,  transferred  allegiance  to  the  British  crown. 
In  seventeen  hundred  and  fifty-nine,  the  French  garrison 
at  Niagara,  deserted  by  its  Indian  allies,  found  itself  too 
weak  to  make  resistance,  and  was  obliged  to  capitulate. 

Such  instances  might  be  multiplied  ;  but  the  foregoing 
recitals  sufficiently  illustrate  the  peculiarities  of  Indian 
warfare,  and  direct  attention  to  the  fact  which  is  intended 
to  be  presented,  namely  that  our  engagements  with  Indians 
have  not  materially  reduced  them.  In  the  long  desultory 
war  between  the  New  England  colonies,  and  the  French 
of  Canada,  and  their  native  allies,  which  continued  from 
sixteen  hundred  and  eighty-nine,  until  seventeen  hundred 
and  twenty-six,  with  only  the  temporary  suspensions  pro 
duced  by  the  treaties  of  Eyswick  and  Utrecht,  very  few 
Indians  were  slain,  though  many  white  people  were  butch 
ered.  The  French  sent  small  expeditions,  consisting  of 


HAS   OUR   INDIAN    POPULATION   DECREASED  ?  37 

not  more  than  five  hundred  men  into  the  heart  of  the  Iro- 
quois  country,  and  compelled  declaration  of  future  peace  ; 
but  those  Indians  characterized  as  that  perfidious  "  people 
from  whose  promises  we  have  nothing  to  expect  but  murder 
and  treason,"  broke  faith  upon  the  withdrawal  of  force, 
and  renewed  allegiance  upon  a  new  invasion.  In  sixteen 
hundred  and  eighty-eight,  eight  hundred  Seneca  warriors, 
"skillful  in  the  use  of  the  gun,  and  all  well  armed,"  as 
sisted  by  the  Governor  of  New  York,  attempted  to  drive 
off  a  French  force  which  had  landed  on  the  southern  shore 
of  Lake  Ontario,  and  although  they  are  reported  as  having 
fought  valorously,  appear  to  have  been  easily  scattered 
without  suffering  sufficient  loss  to  make  the  battle  memora 
ble.  The  former  influence  and  advancement  of  the  ex 
tinct  Natchez  nation,  was  glowingly  described  by  early 
travelers,  and  its  fame  was  spread  abroad  throughout 
Europe.  Montesquieu  thus  speaks  of  its  customs  in  his 
Spirit  of  Laws  : — "  Their  chief  disposes  of  the  goods  of 
all  his  subjects,  and  obliges  them  to  work  and  toil  accord 
ing  to  his  pleasure.  He  has  power  like  that  of  the  Grand 
Signior,  and  they  cannot  even  refuse  him  their  heads. 
One  would  imagine  that  this  is  the  great  Sesostris."  The 
destruction  of  such  an  important  nation  by  war,  would 
furnish  support  to  an  argument  that  the  whites  caused 
great  loss  of  life  among  the  native  race.  But  when  the 
position  and  relations  of  this  Natchez  band  dignified  by  the 
name  of  nation,  to  surrounding  Indians  is  considered,  its 
importance  dwindles  into  insignificance.  It  was  destroyed, 
but  few  of  its  people  were  killed.  They  were  scattered, 
and  sought  asylums  with  other  nations,  with  which  they 
remained.  Their  misfortunes  were  not  the  result  of  open 
determined  hostilities  on  their  part.  They  were  surprised 
by  the  French  and  Choctaws,  and  defeated  before  they 
could  prepare  for  resistance,  and  like  the  Tuscaroras  in 
Carolina,  they  were  unable  to  escape  their  fate. 


38  HAS   OUR   INDIAN    POPULATION   DECREASED  ? 

Our  national  expeditions  against  Indians,  from  the 
foundation  of  the  Government  to  the  present  day,  have  not 
resulted  in  serious  Indian  casualties,  except  in  two  or  three 
instances.  Such  a  statement  appears  rash,  in  view  of  the 
fact,  that  during  the  first  six  years  of  our  national  existence, 
the  western  frontier  was  in  a  state  of  constant  alarm  ;  and 
more  than  ten  millions  of  dollars  were  expended  in  at 
tempts  to  conquer  a  peace.  The  victories  of  Wayne  led  to 
an  a'djustment  of  difficulties,  but  did  not  put  an  end  to  the 
labors  of  foreign  emissaries,  who,  as  President  Adams 
intimates  in  one  of  his  messages  to  Congress,  were  engaged 
in  attempts  to  excite  the  native  population  to  continued 
hostilities.  Their  labor  finally  ceased  some  time  after  the 
ratification  of  the  treaty  of  Grenville,  and  an  almost  unin 
terrupted  quiet  was  maintained  until  eighteen  hundred 
and  twelve.  President  Jefferson,  in  his  first  message, 
speaks  of  the  improved  condition  of  the  Indians,  and  their 
increasing  numbers  ;  and  in  his  third  message,  he  is 
pleased  to  call  attention  to  their  advancement  in  civiliza 
tion.  The  war  of  eighteen  hundred  and  twelve  again 
brought  the  Indians  in  opposition  to  the  federal  armies. 
Great  Britain,  says  President  Madison,  turned  the  savages 
against  us  in  every  possible  quarter.  While  the  policy  of 
the  United  States  invariably  recommended  "and  pro 
moted  civilization  among  that  wretched  portion  of  the  hu 
man  race,  and  was  making  exertions  to  persuade  them 
from  taking  either  side  in  the  war,  the  enemy  has  not 
scrupled  to  call  to  his  aid  their  ruthless  ferocity,  armed 
with  the  horrors  of  those  instruments  of  torture  which  are 
known  to  spare  neither  age  nor  sex."  The  war  was  of 
short  duration.  The  ninth  article  of  the  treaty  of  eigh 
teen  hundred  and  fourteen,  between  Great  Britain  and 
the  United  States,  restored  the  Indians  to  all  the  posses 
sions,  rights  and  privileges  which  they  enjoyed,  or  were 
entitled  to,  in  the  year  eighteen  hundred  and  eleven. 


HAS   OTJE   INDIAN"   POPULATION   DECREASED  ?  39 

Those  in  the  Northwest  probably  suffered  more  from  star 
vation,  after  they  were  abandoned  by  Great  Britain,  than 
during  the  war,  from  the  bullet  of  the  enemy. 

Since  eighteen  hundred  and  twelve,  the  Black-Hawk 
and  Seminole  wars,  among  our  Indian  disturbances,  alone 
seem  vested  with  importance.  The  latter,  prosecuted  for 
seven  years  at  a  reported  expense  of  thirty  million  of  dol 
lars,  is  said  to  have  reduced  the  Seminole  population  from 
five  thousand  to  three  hundred.  The  most  reliable  ac 
counts,  however,  seem  to  place  the  number  of  the  Semi 
nole  warriors,  at  the  breaking  out  of  that  war,  at  about 
seven  hundred,  of  whom  a  considerable  portion  were 
escaped  African  slaves.  The  three  hundred  supposed  to 
have  remained,  have  increased  to  twenty-four  hundred,  as 
present  statistics  show — an  increase  too  rapid  to  be  easily 
comprehended. 

The  Indian  loss  in  battle  with  the  whites,  since  seven 
teen  hundred  and  eighty-nine,  might  fairly  be  placed  at 
about  six  thousand — certainly  not  above  eight  thousand. 
Both  Harmer  and  St.  Glair  were  defeated  and  routed  at 
a  cost,  to  the  Indians  engaged,  of  not  more  than  two  hun 
dred  men.  Their  defeat  by  Wayne  could  not  have  taken 
from  them  more  than  three  or  four  hundred  warriors,  even 
if  one-fifth  of  their  fighting  force  fell.  Still  our  Indian 
engagements  have  produced  sufficient  political  excitement 
to  make  and  unmake  Presidents,  and  have  governed  popu 
lar  favor,  to  a  certain  extent,  in  the  bestowal  of  its  praises. 
"Who  killed  Tecumseh?"  It  is  as  difficult  to  make  in 
telligent  reply  to  the  inquiry,  as  to  ascertain  whether  or 
not  Generals  Coffee  and  Jackson  destroyed  in  battle  one 
thousand  of  the  Creek  nation. 

Our  expeditions  have,  for  the  most  part,  been  either 
unsuccessful,  or  have  terminated  without  the  accomplish 
ment  of  desired  results.  The  difficulty  has  not  been  found 
to  exist  in  the  incapacity  of  the  white  man  to  cope  with 


40  HAS   OUR   INDIAN"   POPULATION   DECREASED  ? 

this  opponent,  when  brought  face  to  face,  but  in  his  in 
ability  to  force  the  latter  to  openly  contend  with  him. 
Indians  cannot  be  driven  into  engagements,  unless  they 
are  able  to  overwhelm  the  enemy  by  numbers,  or  to  main 
tain  great  advantage  by  reason  of  concealed  or  covered 
positions  ;  and  then  only  when  a  safe  retreat  is  possible. 
If  surrounded,  they  can  make  desperate  defence  to  avoid 
death  or  captivity.  The  natural  instinct  of  self-preserva 
tion  will,  in  such  an  event,  give  them  the  courage  of  de 
spair.  Yet  they  are  not  wanting  in  individual  bravery. 

It  is  their  inability  to  cement  force,  and  to  unite  in 
that  concert  of  action,  wherein  the  constituent  parts  are 
supported  and  propelled  by  each  other,  that  renders  them 
powerless  before  a  well  organized  and  well  disciplined  foe. 
Their  past  success  has  been  mainly  due  to  their  cunning 
and  deceit.  They  depend  for  conquest  upon  treachery 
and  surprise.  Their  butcheries  at  Montreal,  in  New  Eng 
land,  New  York,  Virginia,  Carolina,  on  the  Mississippi, 
and  more  recently  in  our  central  States,  and  in  the  North 
west,  all  alike  seem  to  show  that  they  possess  these  iniqui 
tous  qualities,  and  in  so  remarkable  a  degree,  that  they 
might  almost  be  considered  characteristics  of  their  race. 
In  the  exercise  of  these  qualities  the  European  has  not 
shown  himself  a  match  for  the  native.  He  has  seldom 
been  able  to  anticipate  him  in  fraud,  or  to  detect  him, 
until  after  the  injury  contemplated  was  received.  He  has 
generally  found  him  an  enemy,  who  disappeared  the 
moment  a  blow  was  struck,  and  who  was  ever  present 
when  vigilance  was  allowed  to  sleep.  The  former  hath 
slain  his  thousands,  but  the  latter  his  ten  thousands. 
Such  has  thus  far  been  the  result  of  the  long  contest 
between  these  antagonists. 

The  subject  of  past  population  admits  of  another 
method  of  consideration.  If  the  strength  of  distinct 
Indian  nations  at  different  periods  can  be  ascertained,  or 


HAS   OUR  INDIAN   POPULATION   DECREASED  ?          41 

to  present  the  matter  in  its  most  simple  form,  if  we  can 
determine  approximately  the  strength  of  certain  nations  at 
the  time  when  our  earliest  information  regarding  them 
was  obtained,  and  at  the  present  day,  we  can  decide  with  a 
considerable  degree  of  accuracy,  the  effect  which  European 
communication  has  produced.  In  following  an  individual 
people  with  such  an  object  in  view,  it  will  be  necessary  in 
some  instances,  to  search  for  scattered  bands,  broken  from 
what  we  know  as  the  original  organization ;  also  to  seek 
out  persons  who  have  united  with  kindred  or  alien  tribes, 
either  from  accident,  marriage,  or  from  other  causes. 

Take  as  an  example  the  Delaware  nation,  which  is  sup 
posed  by  many  to  have  been  once  great  and  powerful.  It 
has  been  in  direct  contact  with  the  Europeans  and  their 
descendants  for  the  last  two  hundred  and  fifty  years.  It 
has  always  occupied  the  border  of  civilization,  and  retired 
slowly  before  its  advance.  It  is  the  nation  which  first  ex 
perienced  the  Quaker  Indian  policy  of  government,  and  to 
which  William  Penn  announced  the  truth  of  the  unity  of 
man.  With  it,  the  colonies  made  many  treaties,  and  our 
statute  books  record  nineteen,  which  the  several  senates 
have  duly  ratified  and  confirmed.  To  it  "  Ministers 
Plenipotentiary  "  were  sent  nearly  a  century  ago,  to  enter 
into  "a  treaty  of  alliance  offensive  and  defensive,"  and  it 
was  counseled  to  unite  its  energies,  become  the  head  of  a 
great  confederacy,  and  demand  representation  in  Congress. 
These  ministers  made  promises  which  would  now  be  con 
sidered  very  difficult  to  fulfill.  They  promised  to  open  a 
brisk  trade  with  the  Delawares,  and  to  furnish  them  with 
"  an  intelligent,  candid  agent,  with  an  adequate  salary ; 
one  more  influenced  by  the  love  of  his  country,  and  a  con 
stant  attention  to  the  duties  of  his  department  by  promo 
ting  the  common  interest,  than  the  sinister  purposes  of 
converting  and  bending  all  the  duties  of  his  office  to  his 
private  emolument. "  The  agent  was  found  and  forwarded, 


42  HAS   OUR   INDIAN    POPULATION   DECREASED  ? 

but  how  long,  through  personal  suffering,  and  vicarious 
sacrifice,  he  maintained  his  position,  is  unknown. 

Now,  what  was  the  condition  and  strength  of  the 
Delawares,  and  what  section  of  country  did  they  occupy, 
when  first  known  to  the  whites  ?  They  roamed  over  New 
Jersey  and  eastern  Pennsylvania.  They  had  been  con 
quered  by  the  Iroquois  and  remained  tributary  to  them. 
Their  strength  could  not  therefore  have  been  above  three  or 
four  thousand,  and  as  their  national  organization  had  been 
sundered,  the  bonds  which  held  them  together  had  been 
weakened,  and  the  work  of  disintegration,  ever  since  active 
among  them,  was  even  then  in  progress.  For  sixty  years 
before  the  arrival  of  Penn,  the  English.  Dutch  and  Swedes 
had  been  trading  with  them,  and  undoubtedly  wrought 
demoralization.  The  coming  of  the  Friends  pushed  them 
back  to  the  Susquehanna,  and  subsequently  they  retired 
beyond  the  Alleghanies  to  the  head  waters  of  the  Ohio. 
They  became  the  allies  of  the  French,  and  took  an  active 
part  in  the  long  continued  border  warfare,  which  was 
terminated  by  the  treaty  of  Paris  in  seventeen  hundred 
and  sixty-three.  At  this  date  Sir  William  Johnston  re 
ports  the  number  of  their  warriors  at  six  hundred.  They 
served  the  English  in  the  Revolutionary  war,  and  after  its 
termination  made  peace  with  the  United  States  and  settled 
in  Ohio.  From  thence  they  were  removed  to  Missouri, 
thence  to  Kansas,  thence  to  the  Cherokee  country,  where 
they  still  remain.  Those  of  them  occupying  the  reserva 
tion  in  the  Indian  Territory  number,  at  the  present  time, 
a  little  more  than  one  thousand. 

This  people  therefore  seem,  upon  casual  examination, 
to  have  experienced  a  loss  of  population  in  two  and  one- 
half  centuries,  of  from  fifty  to  seventy-five  per  cent  ;  but 
when  we  look  carefully  into  their  history  we  shall  dis 
cover,  that  a  large  portion  of  the  loss  has  either  been 
absorbed  by  the  white  race,  or  has  served  to  increase  the 


HAS  OUR  INDIAN  POPULATION  DECREASED  ?     43 

strength  of  other  Indian  nations.  In  their  movements  to 
the  west  they  travelled  in  straggling  bands,  and  some 
of  their  population  remained  permanently  behind.  Penn? 
sylvania  has  a  few  representatives,  known  and  denominated 
as  Indians,  and  also  a  few  inhabitants  slightly  tinged  with 
the  blood  of  the  native.  Many  of  the  Delawares.  through 
the  labors  of  Moravian  missionaries,  became  Christians, 
and  separated  themselves  from  their  heathen  brethren. 
Some  of  the  latter  joined  the  hostile  Indians  to  the  north 
and  west,  and  others  wandered  to  distant  portions  of 
the  country.  As  early  as  seventeen  hundred  and  ninety- 
three,  a  small  band  had  passed  beyond  the  Mississippi,  and 
obtained  permission  of  the  Spanish  Governor  to  occupy 
territory.  Under  the  treaty  of  eighteen  hundred  and  eigh 
teen,  by  which  the  Delawares  agreed  to  enter  Missouri, 
only  a  portion  left  the  State  of  Ohio  ;  the  remnant  re 
mained  until  eighteen  hundred  and  thirty.  Under  stipu 
lation  of  more  recent  treaties,  the  United  States  has  offered 
them  citizenship,  and  given  them  lands  in  severalty.  These 
constant  changes  of  place,  joined  to  the  influences  which 
have  been  brought  to  bear  upon  this  nation,  have  scattered 
it  far  and  wide.  Its  people  may  be  found  on  the  Susque- 
hanna  River,  and  in  Central  Texas.  It  is  but  a  few  years 
since  the  government  endeavored  to  induce  two  or  three 
hundred  of  them  to  sever  their  connection  with  the 
Southern  Indians,  and  join  their  relations  in  Kansas. 
They  may  now  be  found  with  the  Kiowas  and  Comanches, 
and  can  recite  the  traditions  of  their  ancestors,  who  came 
from  the  shore  of  the  great  ocean  of  the  East.  The  nation 
has  nearly  disappeared,  but  the  descendants  of  its  former 
representatives  are  numerous. 

The  Delawares  have  been  selected  to  illustrate  the  sub 
ject  under  discussion,  because  they  are  commonly  referred 
to  as  well  nigh  extinct,  by  those  who  endeavor  to  maintain 
the  theory,  that  our  former  Indian  population  has  been 


44     HAS  OUE  INDIAN  POPULATION"  DECREASED  ? 

rapidly  disappearing.  We  wish  now  to  make  a  brief  state 
ment  in  regard  to  other  nations  which  are  still  compara 
tively  numerous,  in  order  to  show  that  they  have  increased 
with  as  much  rapidity  as  the  smaller  nations  have  declined. 
The  Cherokees,  for  instance,  number  more  than  thirty 
thousand,  and  eighteen  thousand  of  them  are  living  upon 
their  reservation  in  the  Indian  Territory.  In  eighteen 
hundred  and  twenty-seven,  the  statistics  of  the  War  De 
partment  placed  their  numbers  at  thirteen  thousand  five 
hundred  and  sixty-seven.  They  have  probably  doubled 
their  population  within  the  past  century.  The  Creeks, 
Choctaws  and  Chickasaws  have  also  largely  increased,  but 
not  in  an  equal  ratio.  The  Ottawas  and  Chippewas  number 
more  than  twenty  thousand,  while  the  Six  Nations  of  New 
York  seem  to  have  neither  increased  nor  diminished  in 
population  since  first  known.  There  are  nearly  seven 
thousand  of  them  within  the  United  States,  and  probably 
from  three  to  five  thousand  within  the  Dominion  of  Canada, 
all  living  within  the  tribal  relation.  A  few  have  withdrawn 
from  their  people,  and  are  pursuing  their  interests  in  the 
paths  of  civilized  life. 

Should  each  particular  Indian  nation  of  the  United 
States  be  traced  in  its  movements,  from  the  time  it  was 
first  known  to  the  Europeans  to  the  present  day ;  should 
its  decrease  by  sickness  and  famine  be  carefully  weighed 
and  estimated  ;  should  its  casualties  in  the  conflicts  with 
the  white  intruder  be  reasonably  determined,  and  its  natu 
ral  increase  properly  considered,  the  investigation  would 
lead  to  the  conclusion,  that  loss  in  population  in  particular 
instances,  is  balanced  by  a  corresponding  gain  among  the 
more  important  Indian  organizations. 

As  already  stated,  many  of  the  feebler  nations  have 
declined,  while  the  majority  of  those  which  were  strong 
have  received  accessions  and  increased.  The  total  of  the 
present  native  population  differs  little  numerically,  from 


HAS   OUK    INDIAN    POPULATION    DECREASED  ?  45 

that  which  existed  when  the  whites  began  their  first  en 
croachments. 

We  have  been  forced  to  this  belief  by  an  examination 
of  authorities,  and  a  consideration  of  attendant  circumstan 
ces.  It  may  be  carried  to  an  erroneous  extent,  but  if  it  is 
conceded  that  the  Indians,  instead  of  wasting  away  before 
a  vigorous  practical  civilization,  in  some  mysterious  man 
ner,  have  only  been  affected  by  direct  physical  causes, 
which  have  not  been  sufficient  to  produce  a  remarkable 
diminution  in  numbers,  our  chief  purpose  in  this  chapter 
will  be  attained.  We  merely  wished  to  point  out  the  fact, 
which  the  events  of  the  past  conclusively  establish,  that 
the  Indians  are  not  likely  to  soon  decay  and  disappear  from 
our  midst,  but  are  destined  to  remain  with  us  for  many 
future  generations.  The  existence  of  the  former  Eastern 
nations,  in  increased  numbers,  after  their  experience  with 
the  white  man  during  two  hundred  and  forty  years,  makes 
that  fact  too  plain  for  contradiction. 

How  are  the  United  States  affected  by  this  peculiar 
race  ?  Evidently,  a  long  continued  care  and  control,  on 
the  part  of  the  general  government,  must  be  expected. 
What  the  nature  and  extent  of  the  supervision  should  be, 
seems  to  be  now  as  little  understood  as  it  was  fifty  years 
ago.  The  opinions  of  eminent  men  upon  this  subject  vary 
wildly.  The  great  Indian  problem  is  not  yet  solved.  Its 
difficulties  are  as  puzzling  as  ever.  Past  experience  fur 
nishes  no  definite  rule  to  guide  future  conduct.  It  is 
therefore  unsatisfactory,  or  new  combinations  of  circum 
stances  have  arisen  which  require  different  action.  We 
intend  to  glance  at  the  past  and  shall  attempt  to  discover 
some  of  its  teachings.  We  shall  endeavor  to  ascertain  why 
former  and  existing  methods  have  not  produced  desired 
results,  and  why  the  Indian  cannot  be  speedily  brought 
into  .the  path  of  civilization,  and  into  the  marvelous  light 
of  Christianity. 


CHAPTER  II. 

COLONIAL  INDIAN  POLICY. 

NATIONAL  legislation  reflects  the  condition  and  senti 
ments  of  a  people.  Laws  prescribed  by  kingly  decree, 
or  enacted  by  popular  assemblage,  alike  indicate  the  limit 
of  intellectual  and  political  advancement  which  a  nation 
has  reached.  But  it  is  when  we  study  the  foreign  policy 
of  a  government  that  we  ascertain  with  certainty  the  extent 
of  its  true  development  in  morality  and  Christian  civiliza 
tion  ;  for  we  find  embraced  therein  its  knowledge  of  na 
tural  law,  and  can  discover  in  many  instances  how  far 
selfish  interest  is  controlled  by  a  sense  of  justice  in  the 
determination  of  positive  human  right. 

The  policy  pursued  by  European  governments  towards 
the  aborigines  of  the  American  continent,  furnishes  a  very 
faithful  representation  of  European  opinion,  concerning 
responsibilities  under  the  law  of  nature,  as  applicable  to 
national  action.  It  shows  how  that  law  was  understood. 
Its  frequent  modifications  mark  in  a  certain  degree  the 
rapid  advancement  of  Europe,  in  a  knowledge  of  the  cor 
rect  relation  of  prerogative  and  privilege,  and  an  under 
standing  of  those  absolute  rights  which  belong  to  every 
individual  of  the  human  race  of  whatever  name  or  tongue. 

The  Spaniards  began  their  conquests  and  colonization 
in  the  new  world  at  too  early  a  period.  Then  the  will  of 
God  directed  the  destruction  of  idolaters  and  barbarians, 
unless  they  submitted  at  once  to  Christian  dictation.  The 
teachings  of  Peter  the  Hermit  and  St.  Bernard  were  not 
yet  forgotten.  The  Vicegerent  of  Christ  gave  to  Spain 


COLONIAL   INDIAN   POLICY.  4? 

and  Portugal  all  the  heathen  for  an  inheritance,  and  the 
uttermost  parts  of  the  earth  for  possessions.  To  them,  the 
Indians  were  but  property  to  be  used  and  expended  as 
public  and  private  gain.  The  best  educated  opinion  of 
the  Christian  world  permitted  the  enslavement  and  wan 
ton  destruction  of  the  Indian  race.  The  latter  had  no 
rights  nor  immunities  which  received  recognition,  and  the 
ologians  recommended  slavery  as  necessary  to  conversion. 
The  maxim  of  Las  Casas  that  "  God  forbids  us  to  do  evil 
that  good  may  come  of  it,"  was  still  a  meaningless  precept. 

Neither  were  France  and  England  one  whit  in  advance. 
The  commission  from  Henry  the  Seventh  to  the  Cabots, 
by  which  they  were  authorized  to  seek  out  and  occupy  the 
countries  of  the  heathen  and  infidels,  is  prepared  in  the 
spirit  which  moved  the  Spanish  Knight,  when  he  took  for 
mal  possession  of  the  Pacific  Coast  and  the  islands  therein, 
and  all  the  lands  embracing  it,  in  the  names  of  the  Cas- 
tilian  sovereigns  "  whose  it  was  and  should  be,  as  long  as 
the  world  endures,  and  until  the  final  day  of  judgment  of 
all  mankind." 

A  single  century  wrought  a  great  change.  Absolute 
monarchy,  built  upon  the  power  wrested  from  the  feudal 
lords,  had  been  compelled  to  limit  its  pretensions.  Society 
had  made  intellectual  progress,  and  was  morally  improved. 
As  it  expended  its  physical  force  in  the  cause  of  individual 
freedom,  its  mental  powers  were  employed  in  an  endeavor 
to  determine  the  absolute  and  relative  rights  of  man.  The 
elements  of  society  were  analyzed,  the  duties  arising  from 
the  condition  of  citizen  discussed,  and  the  ultimate  sources 
of  positive  law  beginning  to  be  ascertained. 

But  not  yet  was  individual  liberty  understood.  The 
divine  prerogative  of  kings  was  only  giving  way  before 
the  tyranny  of  majorities.  Superstition  and  the  spirit  of 
intolerance  were  not  yet  overcome.  Still  an  energetic  pro 
gressive  religion  and  a  practical  advancing  intelligence, 


48  COLONIAL  INDIAN   POLICY. 

were  earnestly  at  work,  and  even  while  the  elder  Winthrop 
declared  that  "  Majistracy  is  certainly  an  appointment  from 
God,"  Eoger  Williams  announced  a  new  theory  of  govern 
ment.  In  things  temporal,  said  Williams,  the  voice  of  the 
majority  must  rule,  but  in  things  spiritual,  we  are  respon 
sible  only  to  God.  For  the  Indians,  Williams  claimed  the 
same  freedom  of  action  that  Europeans  enjoyed.  They 
were  the  original  proprietors  of  the  soil,  and  were  at  liberty 
to  retain  or  dispose  of  their  possessions,  notwithstanding 
the  meaning  and  intent  of  royal  charters. 

Williams,  however,  heralded  a  political  doctrine  which 
was  not  comprehended  until  a  later  generation,  although 
society  was  fast  becoming  prepared  for  its  partial  reception. 
Yet  at  the  commencement  of  successful  colonization  upon 
our  Eastern  coast,  European  sentiment  had  so  far  advanced 
as  to  recognize  the  aborigines  as  a  portion  of  the  human 
family,  and  as  such,  within  the  pale  of  that  great  law  of 
nature  which  was  then  being  discussed.  Pretexts  were 
found  to  excuse  invasion,  appropriation,  and  settlement 
of  country.  The  Protestant  based  his  conduct  upon  the 
natural  right  of  the  oppressed  to  seek  a  home  where  the 
worship  of  God  could  be  enjoyed  without  persecution  ;  or 
in  the  demand  of  an  overcrowded  home  population  ;  or  in 
the  expressed  wish  of  extending  the  benefits  of  civilization. 
The  Roman  Catholic  justified  his  encroachments  by  plead 
ing  that  he  sought  conversion  of  the  heathen  to  the  true 
religion.  The  English  confessedly  came  to  improve  their 
worldly  condition  ;  the  French,  for  the  eternal  welfare  of 
their  newly  found  brethren.  The  action  of  the  respective 
governments  seemingly  supported  these  pretensions,  for 
while  England  made  no  effort  to  improve  the  native, 
Louis  the  Thirteenth  directed  by  charter,  that  strong  en 
deavors  should  be  made  for  his  conversion  and  civilization, 
and  expended  the  royal  revenue  in  that  laudable  work. 

But  although  the  enlightened  opinion  of  that  day  main- 


COLONIAL   INDIAN    POLICY.  49 

tained  that  certain  rights  and  privileges  belonged  to  the 
Indian  race,  they  were  not  considered  to  be  of  sufficient 
importance  to  receive  recognition  on  the  part  of  European 
governments,  when  determining  the  questions  which  arose 
in  regard  to  the  extent  of  their  American  possessions.  As 
between  those  governments,  conceded  discovery,  followed 
by  occupation,  gave  indisputable  title  to  country  and  ex 
clusive  control  of  the  Indian  population  which  inhab 
ited  it. 

This  principle  was  early  established  ;  but  when  it  was 
sought  to  be  applied,  the  question  of  extent  of  country 
which  priority  of  discovery  and  coast  occupation  carried 
with  it,  could  not  be  pacifically  determined,  and  gave  rise 
to  the  wars  which  followed.  France  beyond  the  St.  Law 
rence,  Spain  in  the  Floridas,  and  England  between  the 
mouth  of  the  Kennebeck  River  and  the  thirty-third 
degree  of  latitude,  were  at  liberty  to  act  towards  the 
Indian  tribes  and  nations  within  those  respective  limits  as 
pleased  them. 

The  course  pursued  by  France  and  Spain  need  not  be 
referred  to.  It  is  only  necessary  to  examine  the  action  of 
Great  Britain  towards  the  Indians,  and  the  conditions  she 
imposed  upon  them  ;  for  the  policy  which  she  and  her 
colonies  inaugurated  and  developed, was,  in  all  its  essential 
features,  adopted  by  our  own  government. 

The  political  status  which  she  fixed  remains  unchanged 
to  the  present  time.  A  recent  Supreme  Court  decision, 
defining  the  estate  of  the  Menomonees  in  the  land  which 
they  occupy,  would  have  been  rendered  by  a  court  of  the 
colonial  days  upon  a  like  presentation  of  facts,  because 
then,  as  one  of  the  royal  governors  reported,  "  purchases 
from  the  Indian  nations,  as  of  their  aboriginal  right,  have 
never  been  held  to  be  a  legal  title  in  this  province ;  the 
maxim  obtaining  here  as  in  England,  that  the  King  is  the 
fountain  of  all  real  property,  and  that  from  this  source  all 
3 


50  COLONIAL  INDIAN   POLICY. 

real  titles  are  to  be  derived:"  and  Chief  Justice  Marshall 
said  in  one  of  his  earlier  decisions,  that  the  United  States 
gained  title  by  conquest,  and  "  conquest  gives  a  title  which 
the  courts  of  the  conqueror  cannot  deny,  whatever  the 
private  and  speculative  opinions  of  individuals  may  be." 

As  this  government  adhered  to  the  English  common 
law,  so  did  it  perpetuate  the  English  Indian  policy,  which 
it  has  extended  by  congressional  act  over  all  the  territory 
since  acquired,  whether  by  conquest  or  by  purchase.  In 
fact,  the  Indian  population  was  unconditionally  transferred 
with  the  land  which  it  occupied,  except  in  a  single  in 
stance,  and  the  exception  may  be  found  in  the  treaty  of 
eighteen  hundred  and  three  under  which  Louisiana  was 
obtained.  Its  sixth  article  stipulated,  that  the  United 
States  "  should  execute  such  treaties  and  articles  as  may 
have  been  agreed  between  Spain  and  the  tribes  and  nations 
of  Indians,  until  by  mutual  consent  of  the  Indians  and  the 
United  States,  other  suitable  articles  shall  have  been 
agreed  upon." 

It  is  true  that  in  some  of  our  treaties  with  foreign 
powers,  the  contracting  parties  stipulated  to  permit  mu 
tual  trade  between  their  citizens  and  the  Indian  popula 
tion  inhabiting  the  territorial  borders,  and  that  that  popu 
lation  might  freely  pass  and  repass  the  boundary-line  with 
their  peltries  and  ordinary  goods  without  the  payment  of 
duty.  It  is  true,  that  in  our  treaties  of  1848  and  1853 
with  Mexico,  we  promised  to  protect  the  Mexican  border 
from  the  incursions  of  the  Indian  tribes,  and  agreed  not 
to  place  them  in  such  parts  of  the  new  territory  as  would 
allow  them  to  prey  upon  or  remove  into  Mexico.  Still, 
nothing  can  be  found  in  any  treaty,  with  the  single  excep 
tion  above  given,  which  binds  this  government  to  recog 
nize  the  Indians  as  political  or  organized  communities,  or 
which  compels  it  to  follow  any  particular  course  of  treat 
ment,  or  administer  on  their  behalf  any  prescribed  code  of 


COLONIAL  INDIAN   POLICY.  51 

laws.  In  our  first  treaty  of  peace  with  Great  Britain,  by 
which  the  latter  yielded  all  claims  to  the  country  as  far  as 
the  Mississippi  River,  not  a  single  stipulation  appears  in 
regard  to  the  aboriginal  inhabitants,  and  when  they  were 
received  they  were  considered  to  be  in  the  same  situation, 
as  far  as  their  legal  status  was  concerned,  as  the  nation  by 
which  they  were  surrendered,  had  placed  them. 

In  order  therefore  to  arrive  at  a  correct  knowledge  of 
the  Indian  policy  adopted  and  pursued  by  the  general 
government,  and  to  understand  fully  how  that  policy  was 
developed,  it  is  necessary  to  glance  at  the  action  of  the 
colonies,  and  also  at  the  action  of  the  several  states  after 
the  declaration  of  rights  and  during  confederation.  It 
will  be  perceived  that  it  was  the  result  of  circumstances, 
and  naturally  grew  out  of  the  relation  of  the  two  races 
upon  the  coast. 

In  the  beginning  of  the  l?th  century,  the  country 
claimed  by  Great  Britain  on  the  American  continent,  was 
considered  crown  land,  and  the  natives  inhabiting  it  were 
recognized  as  the  lawful  occupants  of  the  soil,  whose  right 
of  possession  might  be  extinguished  by  purchase. 

The  charters  under  which  settlements  were  first  suc 
cessfully  made,  were  construed  as  vesting  in  the  grantees 
the  estate  which  the  crown  possessed  in  the  lands  therein 
conveyed,  and  the  exclusive  right  to  secure  by  purchase  the 
Indian  rights  of  occupancy.  They  also  impliedly  transfer 
red  to  the  grantees  sole  control  of  the  native  population 
dwelling  within  their  respective  grants,  and  allowed  them 
to  fix  upon  it  by  practice  and  law,  such  regulations  as  they 
deemed  desirable — the  parent  government  only  demand 
ing  that  such  action  on  the  part  of  the  colonies  should  be 
dictated  by  kindness  and  moderation.  The  colonies  were 
weak  and  the  native  tribes  surrounding  them  were,  by 
comparison,  numerically  strong.  In  the  intercourse  which 
followed,  the  latter  compelled  the  former  to  recognize  their 


52  COLONIAL  INDIAN   POLICY. 

rude  political  organizations,  and  to  make  treaties  of  amity, 
and  leagues  offensive  and  defensive,  with  their  chiefs  and 
principal  men,  in  accordance  with  native  custom.  Thus, 
these  tribes  were  looked  upon  as  quasi  free  and  independ 
ent  communities,  with  full  control  of  their  internal  affairs. 
Because  of  their  strength  and  repeatedly  threatened  con 
cert  of  action,  it  became  of  the  first  importance  to  the 
colonies,  that  friendly  relations  with  them  should  be  main 
tained  ;  and,  as  a  measure  of  safety,  the  people  allowed 
their  general  councils  and  assemblies  to  exercise  supervis 
ion  in  matters  in  which  they  and  the  Indians  were  mutu 
ally  concerned.  Laws  were  enacted  placing  trade  with  the 
Indians  under  restrictions,  and  confining  it  to  citizens  re 
siding  within  the  jurisdiction  of  the  colonies  which  re 
spectively  created  those  laws.  Private  parties  could  only 
make  purchase  of  Indian  lands  under  express  statute,  or  by 
special  executive  permission,  and  treaties  under  which  pos 
session  of  tracts  of  country  were  relinquished  were  often 
times  made. 

In  all  the  colonies  Indian  intercourse  laws  were  passed, 
which  received  amendment  as  abuses  were  perceived  which 
required  correction.  In  some,  the  system  of  confining 
trade  to  agents  legally  licensed  was  inaugurated,  while  in 
others,  legitimate  traffic  was  confined  within  certain  limits. 

As  early  as  sixteen  hundred  and  seventeen,  Virginia 
had  her  intercourse  law,  which  forbade  any  person  to 
traffic  privately  with  the  Indians,  or  teach  them  the  use  of 
fire-arms,  under  pain  of  death.  But  this  law  was  without 
its  counterpart  in  the  severity  of  the  penalties  which  it  im 
posed,  and  was  made  before  Virginia  had  obtained  her  first 
legislative  assembly.  The  following  passed  by  the  General 
Council  of  Martha's  Vineyard  in  sixteen  hundred  and 
seventy-two,  is  more  in  consonance  with  the  better  popular 
sentiment  of  those  early  times,  and  shows  what  the  evils 
were  which  required  correction  : 


COLONIAL  INDIAN   POLICY.  53 

"  Ordered,  that  if  any  person  shall  be  accused  by  any, 
either  Indian  or  any  other  person  whatsoever,  to  have  sold 
or  furnished  any  Indian  with  wine,  liquor  or  strong  drink, 
he  shall  purge  himself  by  oath,  or  shall  pay  for  such  offense 
after  the  rate  of  five  shillings  per  pint  for  every  quantity 
so  sold. 

"  Ordered,  that  no  person  whatsoever,  not  inhabiting 
within  this  jurisdiction,  shall  directly  or  indirectly,  either 
by  himself  or  any  ore,  trade  with  any  Indian  or  Indians, 
within  this  jurisdiction,  on  penalty  of  paying  forty  pounds 
for  twenty  shillings  trade." 

""The  Georgia  Company  published  an  intercourse  law 
upon  its  first  attempt  at  settlement,  and  allowed  only  those 
of  its  people  to  traffic  with  the  Indians,  who  should  law 
fully  obtain  license,  and  in  most  of  the  colonies,  strong 
efforts  were  made  to  prevent  private  or  indiscriminate  trade 
between  the  white  and  the  native  population. 

Generally  the  act  of  extinguishing  the  Indian  land 
title  was  discharged  by  the  highest  colonial  authority,  and 
was  commonly  effected  by  purchase  under  treaty.  Lord 
Baltimore,  the  Rhode  Island  immigrants,  Penn  and  Ogle- 
thorpe  purchased  before  settlement  was  undertaken,  there 
by  recognizing  in  their  first  transactions  the  native  right 
of  possession.  As  early  as  sixteen  hundred  and  forty,  the 
Plymouth  Colony  acquired  a  large  tract  of  land  from  the 
surrounding  tribes,  and  the  treaty  under  which  the  acqui 
sition  was  made  is  in  expression  and  character  of  senti 
ment  remarkably  like  those  which  our  own  government 
has  entered  into  within  the  memory  of  the  present  genera 
tion.  Even  then  a  reservation  was  set  apart  which  should 
become  the  home  of  the  grantees  and  should  belong  to 
them  and  their  children  forever. 

In  New  York,  the  Dutch  not  only  purchased  but  for 
cibly  appropriated.  To  perfect  their  title  to  th£  Island 
of  Manhattan,  involved  an  expenditure  of  twenty-four 


54  COLONIAL  INDIAN   POLICY. 

dollars ;  but  this  seems  to  be  an  exceptional  case  of  lib 
erality  on  their  part.  The  Western  Indian  Company 
maintained  sole  control  of  the  province  for  a  few  years, 
and  the  business  of  that  corporation  was  ostensibly  con 
ducted  to  accumulate  money,  and  not  to  confer  benefits 
or  extend  civilization.  Afterwards,  when  trade  was  thrown 
open  to  all  the  inhabitants,  much  trouble  arose  because,  as 
expressed  by  one  of  the  better  citizens,  of  the  familiarity 
practiced  by  the  whites  towards  the  natives,  in  order  to 
induce  traffic,  and  because  of  the  unfair  means  used  by 
private  parties  to  obtain  possession  of  Indian  lands.  In 
sixteen  hundred  and  sixty-four,  when  Carteret  conquered 
the  provinces,  and  also  concluded  a  treaty  of  peace  with 
the  Iroquois  at  Albany,  Indian  affairs  were  in  a  very  loose 
and  unsettled  condition.  The  English  Governor  intro 
duced  but  few  regulations,  for  in  sixteen  hundred  and 
seventy  every  man  within  the  province  "who  desired  to 
trade  for  furs  had  liberty  to  do  so,"  and  liberty  was  also 
given  to  the  planters  to  find  out  and  buy  lands  of  the 
Indians  wherever  it  pleased  them  best,  and  purchases  so 
made  were  subsequently  confirmed  by  grant. 

Here  as  in  all  of  the  royal  provinces,  measures  for  the 
pacification,  and  for  the  protection  of  the  Indians  from  the 
frauds  perpetrated  by  private  individuals,  were  less  strin 
gent  than  in  the  colonies.  Revenue  here  became  the  great 
object  of  government,  and  that  course  of  action  was 
adopted  which  promised  desirable  and  immediate  results. 
Freedom  in  trade  was  finally  abridged,  and  the  trader 
obliged  to  pay  a  tariff  which  was  regulated  in  accordance 
with  the  amount  of  his  business.  The  Governor  entered 
the  list  of  competitors  for  Indian  products,  and  offered 
"  seven  pounds  of  powder  or  as  much  lead  as  a  man  could 
carry,  for  a  beaver."  At  the  same  time,  the  tribes  main 
tained  their  independence,  and  the  Indian  right  of  pos 
session  to  the  soil  was  mostly  secured  by  treaty,  and  became 


COLONIAL  INDIAN   POLICY.  55 

unincumbered  government  land.  The  consideration  given 
in  the  exchange  was  generally  insignificant,  and  the  re 
ported  transactions  lead  one  to  infer,  that  the  government 
matched  its  citizens  in  making  sharp  and  profitable  bar 
gains.  In  sixteen  hundred  and  eighty- three,  the  Cayugas 
and  Onondagas  transferred  to  the  Governor  General  of 
New  York  all  their  land  lying  on  the  Susquehanna  River, 
and  received  therefor  a  piece  of  cloth,  two  blankets,  two 
guns,  three  kettles,  four  coats,  fifty  pounds  of  lead,  and 
twenty-five  pounds  of  powder. 

The  laxity  which  characterized  Indian  affairs  in  New 
York  may  be  attributed  to  several  causes.  It  virtually 
became  a  royal  province  upon  the  termination  of  Dutch 
rule,  and  the  new  government  was  more  desirous  to  draw 
therefrom  a  large  revenue,  than  to  promote  the  welfare  of 
the  inhabitants.  The  system  which  had  sprung  up  under 
the  Dutch,  and  which  was  the  growth  of  forty  years  of 
intercourse,  and  calculated  to  produce  the  most  satisfactory 
results  when  considered  in  a  pecuniary  point  of  view,  was 
continued  with  but  few  modifications,  and  the  Dutch  who 
remained  in  the  province  after  conquest,  maintained  former 
relations  with  those  of  the  native  race  with  whom  they 
came  in  contact. 

The  Iroquois  alone  of  all  the  neighboring  Indian  na 
tions,  were  sufficient  in  strength  to  cause  serious  apprehen 
sion  in  the  event  of  hostilities,  and  they  adhered  to  the 
Dutch,  and  subsequently  to  the  English  interest,  and 
opposed  French  encroachments  within  their  territory. 
Only  two  of  the  tribes,  the  Cayugas  and  Senecas,  could, 
during  the  seventeenth  century,  be  induced  to  assume 
the  condition  of  neutrality  in  the  continued  contests  of  the 
whites  ;  but  steadily  remained  the  enemies  of  the  French, 
although  sometimes  compelled  to  sue  for  peace. 

About  the  middle  of  the  eighteenth  century,  the 
French,  despairing  of  success  in  the  attempts  to  forcibly 


56  COLONIAL  INDIAN    POLICY. 

reduce  the  Six  Nations  to  a  situation  of  permanent  sub 
mission,  endeavored  to  divide  them,  and  the  Abbe  Picquet 
was  sent  to  accomplish  the  task.  He  succeeded  in  draw 
ing  off  some  three  or  four  hundred  families,  the  heads  of 
which  took  the  oath  of  allegiance  at  Montreal ;  but  the 
majority  of  the  Six  Nations  continued  to  be  the  friends  of 
the  English,  until  the  termination  of  our  Revolutionary 
War.  These  Indians  therefore,  who  were  at  war  with  the 
French,  and  were  the  deadly  foes  of  the  Hurons  and  their 
Canadian  allies,  were  not  likely  to  break  with  the  Dutch 
or  English,  to  whom  they  looked  for  aid  in  case  of  north 
ern  invasion.  It  was  not  as  necessary  then,  that  this 
province  should  so  completely  supervise,  or  carefully  re 
strict  trade  and  intercourse  between  its  Indians  and  citi 
zens,  as  it  was  for  Massachusetts,  Connecticut,  or  Penn 
sylvania. 

Yet  even  in  New  York  our  national  Indian  treatment 
is  foreshadowed.  The  almost  yearly  grand  councils  at  its 
capital,  between  the  Governor  and  the  distinguished 
Sachems,  when  the  covenant  chain  was  brightened  and 
former  promises  renewed,  was  oftentimes  attended  by 
sale  of  territory,  and  by  arrangements  for  continued  trade. 
Then,  the  tribal  organization  was  recognized,  and  the 
tribes  were  bound  by  the  action  of  their  chiefs.  In  the 
treaties  of  amity  and  alliance,  the  Governor  promised  to 
assist  them  against  the  French  ;  and  in  sixteen  hundred 
and  eighty-five,  Louis  the  Fourteenth  complained  to  the 
English  King  that  the  Governor  of  New  York  had  offered 
troops  to  the  Iroquois. 

In  fact  the  Six  Nations  possessed  about  the  same  attri 
butes  of  sovereignty  which  have  until  very  recently  been 
conceded  to  the  separate  Indian  bands  of  our  time. 
They  were  free  to  live  in  accordance  with  their  custom  and 
independently  control  themselves,  and  they  were  also  at 
liberty  to  adopt  such  a  policy  towards  all  Europeans  as 


COLONIAL   INDIAN   POLICY.  57 

best  suited  themselves,  provided  it  did  not  prejudice  the 
English  claim.  They  had  not  to  be  sure  as  complete 
powers  as  were  ascribed  to  the  New  England  nations  by 
the  Governor-General  of  Canada,  shortly  after  the  pub 
lication  of  the  treaty  of  Utrecht ;  for  then  in  response  to 
remonstrances  from  the  Colonies,  he  asserted  that  those 
nations  were  free  and  independent,  and  made  war  or  peace 
at  their  pleasure.  But  they  were  considered  to  possess  that 
freedom  which  released  them  from  responsibility  to  the 
provincial  law,  unless  bound  by  treaty  stipulations,  except 
that  they  could  not  dispose  of  the  government's  reversion 
ary  interest  in  the  land  in  which  they  had  the  right  of 
permanent  occupancy,  and  could  not  inflict  injury  upon 
the  king's  subjects.  The  individual  members  of  those 
nations  held  the  same  anomalous  legal  status  that  the 
members  of  the  Western  tribes  now  hold.  They  were 
neither  citizens,  nor  aliens  ;  neither  subjects,  nor  rulers ; 
neither  slaves,  nor  freemen. 

The  time  extending  from  the  first  permanently  es 
tablished  settlement  on  our  coast,  to  the  declaration  of 
independence  on  the  part  of  the  colonies  in  seventeen 
hundred  and  seventy-six,  may  for  present  purposes  be 
divided  into  three  periods.  The  first,  commencing  about 
sixteen  hundred  and  seven,  when  the  English  planted 
Jamestown  and  the  French  Port  Royal  and  Quebec,  and 
ending  in  sixteen  hundred  and  eighty-six  when  King 
James  abrogated  the  New  England  charter,  the  second 
terminating  with  the  treaty  of  Paris  in  seventeen  hundred 
and  sixty-three,  and  the  third  continuing  through  the 
thirteen  subsequent  years. 

In  the  foregoing  hasty  review,  sufficient  reference  has 
been  made  to  the  earliest  colonial  days  to  ascertain  what 
political  condition  was  first  imposed  upon  the  Indian  race, 
and  to  show  that  it  was  the  natural  result  of  attendant 
circumstances.  In  attempting  to  discover  whether  this 
3* 


58  COLONIAL   INDIAN    POLICY. 

peculiar  legal  status  was  general,  we  have  casually  referred 
to  more  recent  action  on  the  part  of  some  of  the  colonies, 
and  have  instanced  the  conduct  of  Georgia,  which  was 
established  after  the  New  England  charter  was  annulled. 

But  we  wish  now  to  briefly  allude  to  the  situation 
occupied  by  the  Indian  nations,  and  the  important  part 
which  they  took  during  the  long  struggle  between  the 
European  powers  for  continental  supremacy  and  American 
territory,  which  actively  began  in  this  country  at  the  close 
of  the  seventeenth  century,  and  only  actually  terminated 
on  the  cession  to  Great  Britain  of  New  France  and  the 
Floridas. 

Soon  after  the  accession  of  James  the  Second,  it  was 
determined  to  place  New  England  under  a  single  royal 
Governor,  and  Sir  Edmund  Andros  became  its  "  Captain 
General  and  Vice  Admiral."  In  sixteen  hundred  and 
eighty-eight  it  was  considered  necessary  to  place  New 
York  and  the  Jerseys  under  the  administration  of  Andros, 
in  order  to  unite  the  colonies  against  France,  which  had 
made  threatening  demonstrations  along  the  whole  northern 
borders,  and  taken  possession  of  Lake  Champlain.  Under 
this  new  arrangement  the  Indian  nations  maintained  their 
distinctive  organizations,  with  the  same  exclusive  privilege 
of  control,  but  they  were  brought  in  closer  relations  with 
Great  Britain,  whose  king  they  commenced  to  consider 
their  real  protector  and  ally.  The  destruction  of  the  new 
government  and  the  imprisonment  of  Andros,  was  suc 
ceeded  after  a  short  interval,  by  royal  Governors  in  the 
separate  provinces,  and  the  relations  of  the  Indians  to  the 
home  authority  continued. 

The  Indian  nations  have  now  become  most  important 
communities,  and  their  alliance  is  anxiously  sought  for  by 
the  representatives  of  the  European  powers.  The  French 
Governor,  through  the  missionaries  of  the  Church,  is  able 
to  influence  the  greater  portion  of  them  ;  and  by  skillful 


COLONIAL  INDIAN   POLICY.  59 

direction,  is  able,  with  the  small  Canadian  population  and 
with  the  slight  aid  furnished  from  Europe,  to  constantly 
threaten  and  harass  the  English  colonies. 

The  Home  Government,  though  anxious  for  supremacy 
in  America,  neglect  in  their  negotiations  of  peace  the  in 
terests  of  their  colonies.  The  splendid  victories  of  Eugene 
and  of  Marlborough,  which  made  glorious  the  reign  of 
Queen  Anne,  and  gave  her  ministers  the  opportunity  of 
determining  French  control  in  Canada,  brought  no  relief  ; 
for  nothing  was  demanded  from  France  but  Acadie,  with 
its  vague  and  undecided  boundaries.  The  war  continued 
with  few  interruptions  until  seventeen  hundred  and  twenty- 
six,  when  the  honest  statesmanship  of  Sir  Robert  Walpole, 
and  the  pacific  policy  of  Cardinal  Fleury,  brought  quiet  to 
France  and  England,  and  enabled  her  colonies  to  enjoy  a 
season  of  repose. 

During  this  war  at  the  North,  the  Southern  colonies 
also  experienced  trials  ;  but  more  successful  in  their  nego 
tiations  with  the  Indian  population  than  their  Northern 
brethren,  were  enabled  to  conquer  a  peace  and  drive  off 
the  power  of  Spain.  But  both  France  and  England  are 
vigorously  pushing  their  interests  in  the  New  World.  The 
latter  extends  her  settlement  inland,  and  in  the  South,  she 
divides  the  royal  province  of  Carolina,  and  undertakes  the 
settlement  of  Georgia.  The  former,  having  transferred  her 
Mobile  colony  to  New  Orleans  in  seventeen  hundred  and 
twenty-two,  is  engaged  in  perfecting  her  asserted  right  to 
the  Mississippi  valley,  and  in  strengthening  her  Canadian 
frontier. 

The  English  declaration  of  war  against  Spain,  in  seven 
teen  hundred  and  thirty  nine,  again  brought  the  North 
American  representatives  of  the  three  great  European  na 
tions  in  deadly  conflict.  France  in  alliance  with,  and 
actively  assisted  by  all  of  the  Indians  of  Eastern  Canada, 
determined  to  make  the  conquest  of  New  England,  and 


60  COLONIAL   INDIAN   POLICY. 

Spain,  having  secured  the  services  of  the  Southern  Indians, 
united  them  with  her  regular  troops,  and  resolved  to  make 
good  her  Florida  claim ;  while  Great  Britain  calculated, 
not  only  upon  the  conquest  of  Canada  and  Florida,  but 
upon  the  expulsion  of  France  from  the  entire  Western  con 
tinent. 

Nothing  was  accomplished  by  the  war,  for  the  treaty  of 
Aix  la  Chapelle  placed  the  parties  in  regard  to  territory 
in  their  former  condition,  and  still  left  boundaries  unad 
justed.  France  had  now  extended  her  settlements  up  the 
Mississippi  towards  the  great  lakes,  and  she  determined  to 
unite  them  to  her  Canadian  possession,  and  consequently 
to  fix  the  Alleghany  range  of  mountains  as  Great  Britain's 
boundary,  while  the  latter  claimed  indefinitely  to  the  west. 
Canada  and  Louisiana  became  a  single  royal  province 
under  the  name  of  New  France,  and  its  Governor  exercised 
control  from  Cape  Breton  to  the  mouth  of  the  Mississippi 
Eiver.  He  proposed  to  connect  the  settlements  by  a  chain 
of  forts,  and  to  exclude  the  English  trade  from  all  that 
territory. 

In  seventeen  hundred  and  fifty,  the  fort  at  Pittsburgh 
was  established,  and  the  English  in  that  section  of  country 
were  seized  and  removed  therefrom. 

The  exorbitant  demands  of  the  French  Governor  were 
stoutly  resisted,  but  the  position  of  the  Indians,  and  the 
negotiations  favorable  to  France,  into  which  they  had 
entered,  assured  him  that  he  could  successfully  execute  his 
undertaking.  New  France,  with  a  white  population  of 
fifty  two  thousand,  was  deemed  sufficiently  strong  to  re 
sist  the  available  strength  of  the  English  Colonies,  whose 
inhabitants  numbered  more  than  one  million.  The  events 
of  the  few  subsequent  years  proved  the  correctness  of  this 
assumption.  The  Indians  along  the  entire  frontier,  from 
Quebec  to  Georgia,  with  the  exception  of  the  Six  Nations  of 
New  York  and  the  Cherokees,  rendered  willing  aid  to  the 


COLONIAL  INDIAN    POLICY.  61 

French,  and  the  Cherokees  were  finally  prevailed  upon  to 
join  the  great  alliance. 

The  middle  colonies  were  unahle  to  act  offensively,  or 
indeed  to  defend  their  exposed  settlements.  The  results 
of  the  great  struggle  might  have  been  very  different,  had 
Great  Britain  failed  to  send  troops  to  the  assistance  of  her 
colonies,  or  had  France  been  enabled  to  spare  a  like  num 
ber  to  reinforce  her  Canadian  army.  But  the  latter  had 
work  for  all  her  forces  in  Europe.  England's  prime  min 
ister  announced  his  war  policy  in  the  brief  expression  that 
"  America  must  be  conquered  in  Germany,"  and  the  signal 
victory  at  Rosbach  presaged  the  success  of  the  English 
colonies.  Spain  joined  France  too  late  in  the  war  to  en 
able  her  to  retrieve  disaster  and  soon  the  treaty  of  Paris 
was  executed,  by  which  Great  Britain  obtained  undisputed 
possession  of  all  that  territory  extending  from  the  coast  to 
the  Mississippi  River,  and  from  the  Gulf  of  Mexico  to  the 
extreme  Northern  limit  of  the  continent. 

In  all  of  these  contests  the  Indians  were  active  partici 
pants.  Their  barbarous  warfare  against  the  defenceless, 
and  the  savage  cruelties  which  they  invariably  practiced, 
embittered  the  animosities  of  opposing  colonies  and  prov 
inces.  For  a  century  they  held  the  balance  of  power,  and 
interest  dictated  that  all  possible  efforts  should  be  made 
to  secure  their  alliance  and  friendship.  Both  England  and 
France  were  ready  at  any  time  to  forgive  past  injuries  and 
enter  into  league  with  any  portion  of  them.  Their  de 
mands  were  granted  if  practicable,  and  their  vanity  was 
gratified  in  being  ostensibly  treated  as  free  and  independent 
nations,  which  gave  and  received  at  their  option,  and  the 
actions  of  which  were  alone  controlled  by  their  national 
promises. 

From  the  commencement  of  intercourse  between  the 
white  and  Indian  races,  to  the  termination  of  the  French 
and  English  war,  the  Indians  occupied,  first  the  position 


62  COLONIAL  INDIAN    POLICY. 

of  hostility  to  the  European,  and  secondly,  that  of  allies 
to  one  or  the  other  of  the  contending  European  powers. 
In  either  position,  they  were  able  to  obtain  many  conces 
sions,  and  generally  to  retain  their  freedom,  customs  and 
organizations.  Their  employment  was  fighting,  as  it  will 
always  be  as  long  as  they  remain  within  uncivilized  tribal 
relations,  in  which  individual  reputation  or  importance 
depends  upon  deeds  of  cruelty.  They  retarded  immigra 
tion,  impeded  colonization,  prolonged  colonial  contests, 
and  apparently  checked  American  growth  and  development. 
It  is  possible  that  they  signally  checked  development ;  yet 
it  is  difficult  to  make  good  such  an  assertion,  when  the 
results  which  their  presence  and  actions  produced  are  prop 
erly  considered.  Their  threatening  attitude  frequently 
compelled  the  separate  colonies  to  forget  internal  dissen 
sions  and  to  unite  for  protection.  It  also  at  times  caused 
partial  confederations  of  colonies,  in  which  a  knowledge  of 
the  correct  principles  of  representative  government  was 
acquired.  In  fine,  it  may  be  said  that  their  conduct  had 
a  most  beneficial  effect  upon  their  declared  enemies,  as  it 
assisted  to  destroy  discord  among  those  of  the  same  colony 
who  were  influenced  by  varying  interests  ;  as  it  taught  the 
people  the  necessity  of  maintaining  a  firm  policy,  arid  of 
submitting  themselves  to  a  rigid  code  of  laws  ;  as  it  forced 
rival  colonies  into  league  and  friendship,  producing  an  in 
termingling  of  communities  and  an  interchange  of  ideas 
and  sentiments  ;  as  it  gave  rise  to  frequent  assemblages  of 
representatives  of  different  provinces,  in  which  affairs  of 
general  importance  were  discussed,  and  unity  of  action  de 
termined  upon  ;  as  it  was  the  cause  of  bringing  into  exist 
ence  confederations  of  equal  and  distinct  political  bodies, 
in  which  our  own  system  of  government  was  devised  and 
developed. 

The  New  England  confederation  which  was  formed  in 
sixteen  hundred  and  forty-three  and  terminated  only  with 


COLONIAL  INDIAN   POLICY.  63 

the  amendment  of  its  charter,  took  into  consideration  all 
those  matters  which  were  of  common  concern,  and  left  the 
internal  affairs  of  each  colony  to  the  management  of  the 
colony  itself. 

It  was,  says  Trumbull,  "  A  union  of  great  consequence. 
It  made  the  colonies  formidable  to  the  Dutch  and  Indians, 
and  respectable  to  their  French  neighbors.  It  was  one  of 
the  principal  means  of  the  preservation  of  its  colonies 
during  the  civil  wars  of  England,  the  source  of  mutual 
defence  in  King  Philip's  war,  of  service  in  civilizing  the 
Indians,  and  propagating  the  gospel  among  them." 

But  this  union  was  not  only  of  importance  because  of 
its  material  strength,  and  its  power  of  defence. 

Its  general  councils  were  schools  for  theoretical  and 
practical  political  instruction.  They  ascertained  and  were 
able  to  define  the  relation  and  responsibility  of  the  indi 
vidual  to  his  colonial  government,  and  the  duties  of  the 
respective  colonies  under  the  compact.  They  enlarged 
the  field  of  political  science,  and  taught  the  people  the 
elements  of  civil  and  constitutional  liberty.  The  existence 
of  such  organizations,  and  the  purposes  of  their  formation, 
almost  forces  the  conclusion  that  the  Indians  furnished 
most  important,  though  unwilling  aid,  in  American 
growth  and  development.  Had  they  quietly  yielded  to 
the  demands  of  the  whites,  or  neglected  to  make  forcible 
opposition,  it  is  not  unreasonable  to  suppose  that  some  of 
the  colonies  would  have  been  ruined  by  factious  and  parti 
san  conduct ;  that  in  some  cases,  neighboring  colonies 
would  have  been  arrayed  against  each  other  to  determine 
questions  of  property  and  rule,  and  that  all  would  have 
been  less  successful  in  maintaining  social  order,  and  have 
made  less  progress  in  determining  the  true  principles  of 
constitutional  government. 

It  is  interesting  to  note  how  these  early  existing  and 
proposed  confederations  viewed  the  whole  subject  of  In- 


64  COLONIAL   INDIAN   POLICY. 

dian  affairs.  "We  find  that  the  same  general  course  of 
treatment  was  then  pursued  towards  the  Indians  that  our 
first  Congress  inaugurated,  and  that  they  occupied  about 
the  same  political  relations  in  respect  to  colonial  authority, 
that  they  now  do  to  the  United  States.  In  those  early 
days  the  superior  authority  assumed  control  of  all  Indian 
affairs  ;  and  if  colonies  united,  that  control  passed  to  the 
confederated  authority,  and  the  opinion  finally  became 
well  nigh  universal,  that  those  affairs  should  be  placed  un 
der  the  supervision  and  management  of  a  representative 
body,  composed  of  delegates  from  the  several  colonies. 

At  that  assemblage  of  commissioners  in  New  York  in 
seventeen  hundred  and  fifty-four,  in  which  all  the  colonies 
north  of  Virginia  were  represented,  it  was  decided  to 
make  petition  for  the  passage  of  an  act  by  Parliament, 
which  would  authorize  the  formation  of  a  Grand  Council, 
consisting  of  delegates  from  the  several  colonial  legislatures 
to  be  presided  over  by  a  President  General,  who  should  re 
ceive  appointment  from  the  crown.  Among  the  powers 
which  it  was  thought  proper  that  this  council  should  ex 
ercise,  was  that  of  regulating  Indian  matters,  and  it  was 
proposed  "That  the  President  General  with  the  advice  of 
the  Grand  Council,  hold,  or  direct  all  Indian  treaties  in 
which  the  general  interest  of  the  colonies  may  be  concerned, 
and  make  peace,  or  declare  war  with  Indian  nations.  That 
they  make  such  laws  as  they  judge  necessary  for  regulating 
all  Indian  trade.  That  they  make  all  purchases  from  the 
Indians  for  the  crown,  of  lands  not  now  within  the  bounds 
of  particular  colonies,  or  that  shall  not  be  within  their 
bounds  when  some  of  them  are  reduced  to  more  convenient 
dimensions."  That  they  make  settlements  on  such  pur 
chase  by  granting  "land  in  the  King's  name." 

In  what  does  the  control  which  the  United  States 
Government  exercises  over  the  Indian  population  differ 
from  that  which  it  was  thought  necessary  that  this  pro- 


COLONIAL  INDIAN  POLICY.  65 

posed  council  should  possess  ?  In  nothing  of  importance, 
except  that  the  former  assumes  to  regulate  the  entire  In 
dian  population  within  its  boundaries,  even  that  portion 
living  within  the  limits  of  organized  states. 

The  short  period  of  thirteen  years,  during  which  Great 
Britain  had  undisputed  possession  of  the  eastern  half  of 
this  continent,  needs  but  a  passing  glance.  The  tribes  and 
nations  roaming  between  the  Alleghanies  and  the  Missis 
sippi,  and  also  those  in  Canada,  entered  into  treaties  of 
peace  with  her  officers  immediately  upon  the  expulsion  of 
the  French.  The  King  of  England  had,  in  sixteen  hundred 
and  seventy- three,  issued  a  proclamation,  forbidding  Gov 
ernors  in  North  America  to  grant  lands  westward  of  the 
sources  of  the  rivers  falling  into  the  Atlantic,  and  the  west 
ern  plains  and  valleys  had  no  white  population,  except  the 
few  French  inhabitants  who  remained  after  the  termina 
tion  of  the  war.  The  colonial  and  proprietary  govern 
ments,  had  given  place  to  royal  provinces,  and  the  Crown 
took  immediate  control  of  its  American  possessions.  The 
Indian  department  was  organized,  and  the  Indians  placed 
under  the  supervision  of  superintendents.  Sir  William 
Johnston,  superintendent  and  chief  agent,  received  a  sal 
ary  of  one  thousand  pounds,  and  was  assisted  by  four  dep 
uties,  under  whose  directions  smiths  and  armorers  labored 
to  instruct  the  Indians  in  the  arts  of  civilized  life,  and  to 
prepare  them  to  follow  peaceful  pursuits.  Great  Britain 
expended  twelve  thousand  dollars  yearly  in  maintaining 
what  was  then  termed  the  Indian  Department. 

Treaties  were  occasionally  made  by  which  the  Indian  title 
to  land  was  extinguished.  One  of  the  most  important  of 
these  was  that  which  was  concluded  at  Fort  Stanwix,  in 
seventeen  hundred  and  sixty-eight,  between  Sir  William 
Johnston,  acting  as  commissioner  for  Great  Britain,  and 
the  Five  Nations,  together  with  the  Shawnees,  Delawares, 
Mingoes  of  the  Ohio,  and  other  dependent  tribes.  By  this 


66  COLONIAL  INDIAN   POLICY. 

treaty  the  territory  south  of  the  Ohio  River,  and  that  east 
ward  of  a  line  extending  from  Fort  Pitt  to  the  east  branch 
of  the  Susquehannna  River,  thence  north  to  Fort  Stanwix, 
was  conveyed  to  Great  Britain  in  consideration  of  fifty-two 
thousand  dollars,  and  a  number  of  presents  of  trifling  value. 

The  course  which  Great  Britain  at  this  time  pursued, 
in  recognizing  tribal  relations  and  national  organizations  ; 
in  acquiring  by  treaty  such  land  as  increasing  settlements 
demanded,  and  quietly  removing  the  Indians  to  the  west 
ward  ;  in  adopting  a  system  which  brought  the  whole 
native  population  under  its  supervision,  and  in  extending 
to  it  the  means  of  instruction  in  order  to  induce  individ 
ual  and  social  improvement,  is  so  like  the  course  which 
this  government  first  adopted  as  to  make  it  apparent  that 
our  early  Indian  policy  was  borrowed,  or  that  it  was  the 
continuation  of  the  policy  which  had  been  developed  under 
British  rule. 

Upon  the  commencement  of  hostilities  between  Great 
Britain  and  the  provinces,  the  Indian  nations  again  be 
came  important  communities,  and  were  considered  a  de 
sired  element  of  strength  in  the  threatened  contest.  Their 
actions  were  carefully  watched  by  both  parties,  and  their 
alliance  eagerly  sought.  Great  Britain  had  the  advantage 
in  the  negotiations  which  were  attempted,  because  she, 
from  the  first,  had  determined  to  crush  rebellion,  and 
intended  to  employ  every  available  means  for  that  pur 
pose  ;  whereas  the  Americans,  even  after  the  initiative 
battle  in  New  England,  and  after  the  appointment  of 
Washington  to  the  chief  military  command,  had  not  given 
up  all  expectation  of  reconciliation  with  the  Home  Govern 
ment,  and  still  pursued  a  vacillating  course.  Great  Britain 
had  already  sent  her  commissioners  to  the  Six  Nations  of 
New  York,  and  to  the  Cherokees  and  Creeks,  and  Gov 
ernor  Dunmore  of  Virginia  had  dispatched  an  agent  to  the 
tribes  upon  the  Ohio. 


COLONIAL   INDIAN    POLICY.  67 

The  Continental  Congress,  undecided  as  yet  as  to  what 
treatment  should  be  adopted  towards  the  Indians,  finally 
concluded  to  station  agents  among  the  different  nations, 
in  order  to  conciliate  their  friendship,  and  induce  them  to 
remain  neutral.  The  action  taken  under  this  decision  re 
sulted  in  entire  failure.  During  the  summer  of  seventeen 
hundred  and  seventy-five,  the  chiefs  of  the  Six  Nations 
met  the  British  authorities  at  Montreal,  and  pledged  their 
support.  Subsequently,  the  Creeks  and  Cherokees  joined 
the  alliance,  and  the  latter,  in  seventeen  hundred  and 
seventy-six,  put  forth  their  strongest  efforts  to  destroy  the 
border  settlements  of  the  Southern  States.  The  Ohio 
tribes,  though  favorable  to  the  British  interest,  were  too 
much  divided  to  accomplish  or  undertake  any  important 
operations. 

Congress  labored  under  another  difficulty,  which  even 
the  declared  determination  to  conquer  political  freedom 
did  not  remove.  Composed  of  delegates  from  governments 
absolutely  independent  of  each  other,  and  which  were  only 
temporarily  united  for  successful  resistance,  it  was  confined 
to  the  consideration  of  measures  deemed  necessary  for  the 
common  defence. 

Indian  affairs  therefore  could  remain  but  a  short  time 
under  its  supervision,  and  no  policy  intended  to  be  lasting 
could  be  inaugurated.  Besides,  the  several  States  within 
their  respective  limits,  claimed  to  have  succeeded  to  the 
sovereignty  which  Great  Britain  formerly  possessed,  and 
the  limits  of  that  sovereignty  had  not  been  determined.  It 
was  enough  to  know,  that,  within  their  united  boundaries 
all  territory  to  the  Mississippi  was  embraced,  and  that  there 
fore,  the  entire  Indian  population  was  subject  to  State 
jurisdiction. 

Some  of  the  States  early  proclaimed  this  asserted  right 
to  govern  the  Indian  population  both  by  legislative  acts 
and  by  constitutions.  They  also  claimed  the  fee  of  the 


68  COLONIAL   INDIAN   POLICY. 

lands  which  the  Indians  occupied.  Virginia  declared  her 
title  to  such  lands,  and  in  seventeen  hundred  and  seventy- 
nine  denied  the  power  of  the  native  race  to  sell  any  portion 
of  her  territory.  New  York  in  its  constitution  of  seven 
teen  hundred  and  seventy-seven,  "  Ordained  that  no  pur 
chase  or  contracts  for  the  sale  of  land,"  within  the  limits 
of  that  State,  to  which  Indians  were  parties,  should  be 
binding  upon  the  Indians  or  deemed  valid  unless  made  by 
the  consent  of  its  Legislature.  The  Articles  of  Confedera 
tion  signed  in  seventeen  hundred  and  seventy-eight,  recog 
nized  this  affirmed  right  of  State  government  within  con 
ceded  State  boundaries,  and  the  ninth  article  of  that  in 
strument  stipulated,  that,  "  The  United  States  in  Con 
gress  assembled,  shall  also  have  the  sole  and  exclusive  right 
and  power  of  regulating  the  trade,  and  managing  all  affairs 
with  the  Indians  not  members  of  any  of  the  States,"  pro 
vided  that  the  legislative  right  of  any  of  the  States  within 
its  own  limits,  be  not  infringed  or  violated. 

But  territory  of  great  extent  was  in  dispute.  Some  of 
the  original  charters  under  which  the  States  claimed, 
granted  all  country  between  certain  parallels  of  latitude 
from  ocean  to  ocean,  or  raguely  defined  the  western  limits 
of  the  grants.  The  same  territory  was,  in  some  instances, 
supposed  to  be  conveyed  by  different  charters,  and  there 
fore  conflicting  State  claims  arose.  Massachusetts,  Con 
necticut,  New  York,  Pennsylvania,  Virginia,  North  and 
South  Carolina,  and  Georgia  asserted  title  to  lands  west 
of  the  Alleghany  range  of  mountains.  New  Hampshire, 
Ehode  Island,  New  Jersey,  Delaware  and  Maryland  had 
nothing  upon  which  to  base  any  such  demand  ;  and  the 
Pennsylvania  grant  made  in  sixteen  hundred  and  eighty- 
one,  did  not  extend  beyond  the  eighty-first  degree  of 
longitude. 

This  question  of  disputed  territory  furnished  the  chief 
objection  to  the  ratification  of  the  Articles  of  Confedera- 


COLONIAL   INDIAN    POLICY.  69 

tion.  New  Jersey  demanded  that  United  States  commis 
sioners  should  settle  the  western  boundaries  of  the  States, 
while  Maryland  declined  to  ratify  the  articles  until  the 
western  lands  were  transferred  to  the  general  government. 

Yet  even  while  these  conflicting  claims  remained  unde 
cided,  the  United  States  assumed  control  of  the  Indian 
population  beyond  the  settlements.  Within  a  few  months 
after  the  Articles  of  Confederation  were  agreed  upon  by 
Congress,  a  treaty  was  made  with  the  Delaware  nation  by 
which  all  territorial  rights  granted  it  by  former  treaties 
were  confirmed.  The  vexed  question  of  boundaries  was 
however  approaching  a  satisfactory  determination.  New 
York,  in  seventeen  hundred  and  eighty,  instructed  her 
congressional  delegates  to  cede  her  claims  to  all  lands 
west  of  such  boundary  as  appeared  to  them  proper,  and  in 
the  following  year  Virginia  relinquished  her  interest  to 
the  territory  north  and  west  of  the  Ohio.  Connecticut 
and  Massachusetts  made  cession  of  their  western  lands  in 
seventeen  hundred  and  eighty-four  and  five.  In  seventeen 
hundred  and  eighty-seven,  seventeen  hundred  and  eighty- 
nine,  and  eighteen  hundred  and  two,  South  Carolina, 
North  Carolina  and  Georgia  respectively  yielded  the  land 
in  dispute  to  which  they  had  laid  claim,  and  the  General 
Government  possessed  entire  unquestioned  control  of  an 
extended  public  domain. 

After  the  lands  north  of  the  Ohio  had  been  relinquished 
by  the  States,  Congress  passed  the  Ordinance  of  seventeen 
hundred  and  eighty-seven,  under  the  provisions  of  which 
the  North-west  Territorial  Government  was  created,  and 
which  has  been  a  guide  in  all  legislation  under  which  ter 
ritorial  governments  have  since  been  established. 

In  this  important  ordinance  the  United  States  prom 
ised,  that  the  utmost  good  faith  should  be  observed 
towards  the  Indians,  and  that  their  lands  and  property 
should  never  be  taken  from  them  without  their  consent. 


70  COLONIAL   INDIAN    POLICY. 

The  policy  here  announced  apparently  guided  the  action 
of  Government  in  all  its  treaties  which  it  made  with  Indian 
nations,  before  and  after  the  ratification  of  the  Articles  of 
Confederation  and  subsequent  to  March,  seventeen  hundred 
and  eighty-nine,  when  the  constitution  became  operative. 

Those  first  entered  into,  in  which  "  Ministers  Plenipo 
tentiary  "  acted  in  behalf  of  the  United  States,  were  made 
to  establish  peaceful  relations  between  the  contracting 
parties,  to  efface  the  memories  of  injuries  inflicted  upon 
each  other  while  the  Indians  were  in  alliance  with  Great 
Britain,  and  to  determine  and  declare  territorial  bounda 
ries.  By  the  stipulations  of  those  which  followed,  land 
was  sold,  or  exchanged,  and  trade  and  intercourse  were 
placed  within  certain  regulations. 

The  Six  Nations  conveyed  their  entire  interest  in  the 
lands  situated  west  of  the  States  of  New  York  and  Penn 
sylvania.  The  Delawares  and  confederated  nations  gave 
up  their  claims  to  all  lands  near  the  Pennsylvania  line, 
and  accepted  instead  a  large  tract  within  the  present  State 
of  Ohio.  The  Cherokees  agreed  to  abridge  the  limits  of 
their  country,  maintain  a  perpetual  peace,  and  live  under 
United  States  protection.  Nearly  every  important  nation 
dwelling  between  the  State  borders  and  the  Mississippi 
River  were  brought  into  negotiations  with  the  General 
Government  and  placed  under  treaty  covenants.  Mutual 
aid  and  support  were  promised,  extradition  articles  were 
agreed  upon,  and  a  commercial  code  established  ;  or  to 
speak  with  more  definiteness,  the  Indians,  in  consideration 
of  peace  with  and  the  protection  of  the  United  States,  and 
in  consideration  of  the  promise  of  the  latter  to  maintain 
them  in  the  quiet  possession  of  certain  tracts  of  country, 
and  to  restrain  the  whites  from  entering  thereon,  and  in 
further  consideration  of  a  very  small  expenditure  of  money 
in  their  behalf,  and  the  opening  of  trade  with  them  under 
the  management  only  of  persons  legally  licensed,  engaged 


COLONIAL   INDIAN    POLICY.  71 

to  refrain  from  hostilities  against  the  people  of  the  United 
States,  and  to  turn  over  to  the  General  Government  any  of 
their  members  who  should  rob  or  murder  any  of  its  citizens. 

Such  was  the  tenor  of  most  of  the  treaties  made  by  the 
Confederation.  It  did  not  have  negotiations  with  Indian 
nations  residing  within  the  conceded  limits  of  a  State, 
further  than  to  establish  friendly  relations,  and  to  extin 
guish  the  Indian  title  to  land  outside  of  acknowledged 
State  boundaries,  and  to  such  small  tracts  within  the  same 
as  were  needed  for  general  purposes.  It  recognized  the 
Indian  nations  as  distinct  and  independent  political  com 
munities,  lawfully  possessing  the  soil  because  of  the  right 
secured  by  immemorial  occupancy,  and  placed  only  those 
restrictions  upon  them  which  irresistible  necessity  com 
pelled. 

They  could  not  convey  the  fee  of  the  land,  nor  hold 
foreign  intercourse.  In  all  other  respects,  they  were  at 
liberty  to  conduct  themselves  as  they  pleased  and  could  live 
under  their  own  barbarous  laws  and  be  guided  by  their 
customs.  Politically,  they  held  the  same  relation  to  the 
Confederation  which  they  at  first  held  to  the  colonies, 
and  subsequently  to  Great  Britain.  The  policy  which 
the  first  civilized  governments  adopted  towards  them 
remained  in  all  essential  features  unchanged  during  a 
period  of  time  embracing  nearly  two  centuries.  It  was 
dictated  by  circumstances.  A  continuance  of  like  circum 
stances  prolonged  and  developed  it,  and  made  it  the  only 
feasible  practical  policy  which  could  be  followed.  It  was 
conciliatory,  and  at  the  same  time  economical,  and  was 
best  calculated  to  check  savage  violence,  and  give  at  the 
least  expense  possession  of  the  coveted  hunting  grounds. 

While  its  main  features  remained  unchanged,  slight 
modifications  were  occasionally  introduced  for  the  purpose 
of  removing  causes  of  complaint — the  principal  of  which 
were  overreaching  individual  action  on  the  part  of  the 


72  COLONIAL  INDIAN  POLICY. 

whites — and  during  the  existence  of  the  Confederation,  in 
dividual  intercourse  between  citizens  and  Indians  were 
placed  under  most  stringent  legal  restraint.  The  policy 
as  thus  developed,  was  in  favor  when  our  constitution  was 
adopted,  and  received  recognition  in  that  instrument. 


CHAPTER  III. 

INDIAN  POLICY  OF  UNITED  STATES  GOVERN 
MENT. 

THE  Confederation  had  performed  a  great  amount  of 
labor  in  the  settlement  of  State  boundaries,  in  the  extin 
guishment  of  Indian  land  title,  and  in  the  establishment 
of  treaty  relations  with  the  Indian  nations. 

All  State  boundaries  were  satisfactorily  adjusted,  with 
the  exceptions  of  North  Carolina  and  Georgia.  The  In 
dian  title  to  more  than  one  hundred  millions  of  acres  had 
been  purchased,  opening  for  settlement  one  half  as  much 
country  as  is  contained  within  the  limits  of  the  thirteen 
original  States.  A  judicious  policy  for  disposing  of  those 
lands,  and  establishing  governments  therein,  had  been  de 
vised  and  put  in  operation,  and  population  was  moving 
rapidly  to  the  westward,  and  appropriating  the  fertile  soil 
along  the  Ohio  River. 

The  Iroquois  and  Cherokees  alone  of  the  important  In 
dian  communities,  remained  within  State  jurisdiction,  and 
the  territory  over  which  they  exercised  control  had  been 
determined  and  defined  in  treaties. 

The  constitution  made  all  existing  treaties  binding  upon 
the  new  Government,  and  declared  them  to  be  "  the 
supreme  law  of  the  land."  It  also  gave  to  Congress  au 
thority  to  regulate  trade  and  intercourse  with  the  Indian 
tribes,  and  conferred  upon  the  Executive  and  Senate  the 
power  to  make  and  ratify  Indian  treaties.  In  fine,  it  con 
firmed  and  continued  the  relations  which  had  existed  be 
tween  the  treatv  Indians  and  the'  Government  under  the 


74  INDIAN    POLICY   OF  THE   GOVERNMENT. 

Confederation,  and  pointed  out  a  course  of  action  which 
might  be  followed  in  future  negotiations. 

It  virtually  took  from  State  management  the  Indian 
population  within  State  limits,  for  Congress  and  the  treaty- 
making  power  could,  by  the  exercise  of  the  authority  which 
the  constitution  conferred,  entirely  destroy  State  super 
vision. 

State  control  over  that  population  remained  absolute, 
as  long  as  there  was  no  action  on  the  part  of  the  United 
States  ;  but,  as  soon  as  the  latter  prescribed  commercial 
relations,  all  conflicting  State  laws  became  nugatory. 
"When  the  latter,  and  the  tribal  representatives  of  that 
population,  entered  into  treaties,  State  jurisdiction  was 
compelled  to  conform  to  the  stipulations  of  those  treaties. 

The  States  owned,  and  never  relinquished  the  ultimate 
fee  in  the  soil  which  the  Indians  rightfully  occupied  ;  but 
this  only  became  an  interest  in  possession  after  the  Indians 
had  willingly  removed.  This  remote  interest,  depending 
upon  a  contingency  which  might  require  centuries  for  de 
termination,  could  not  be  destroyed  by  the  General  Gov 
ernment,  although  the  latter  was  under  no  obligations  to 
extinguish  the  right  of  occupancy,  in  opposition  to  the  oc 
cupants'  wish.  In  every  other  respect,  the  Indian  popula 
tion  and  the  soil  upon  which  it  dwelt,  could  at  any  time  be 
placed  under  the  control  and  disposition  of  the  United 
States.  Whatever  agreements  the  United  States  and  those 
Indian  nations  might  enter  into  relative  to  laws  for  gov 
ernment,  whether  civil  or  criminal,  regarding  regulations 
for  conducting  trade,  or  in  reference  to  abandonment  or 
continued  possession  of  territory,  were  obligatory  upon 
State  authority,  "  any  thing  in  the  constitution,  or  laws  of 
any  State  to  the  contrary  notwithstanding." 

Did  the  constitution  confer  upon  the  Executive  and 
Senate,  the  power  to  make  all  negotiations  with  the  Indian 
nations  other  than  those  which  regulated  trade  or  com- 


INDIAN   POLICY   OF  THE   GOVERNMENT.  75 

merce  ?  The  question  has  received  much  discussion,  and 
has  apparently  been  decided  by  recent  opinion  as  expressed 
in  legislation  in  the  negative.  Early  opinion  however  was 
explicit  upon  this  point.  Congress,  in  seventeen  hundred 
and  ninety-three,  declared  that  all  purchases  of  land  from 
Indians  must  be  by  treaty  entered  into  pursuant  to  the 
constitution  ;  and  a  similar  declaration  is  contained  in  our 
first  Indian  intercourse  law  passed  nearly  three  years  pre 
vious  to  that  time. 

For  three-quarters  of  a  century,  the  legislative  branch 
of  the  Government  evidently  considered,  that  contracts 
with  Indian  nations  could  only  be  made  through  the 
formalities  of  treaties.  The  House  of  Kepresentatives 
has,  to  be  sure,  frequently  asserted  that  the  action  of  the 
President  and  Senate  could  not  compel  it  to  make  appro 
priations  in  order  to  carry  out  Indian  treaty  provisions. 
In  eighteen  hundred  and  twenty-seven,  representatives  in 
Congress  as  strenuously  declared,  that  the  constitution 
vested  in  them  a  discretionary  power  in  all  matters  of  appro 
priation,  as  they  did  in  eighteen  hundred  and  sixty-six  ;  for 
then  they  claimed  that  they  could  negative  a  treaty  by  re 
fusing  to  grant  the  means  to  make  it  effective.  They  then 
also  claimed  the  right  to  deliberate  upon  the  legality  of 
the  treaty  itself,  and  upon  the  wisdom  or  feasibility  of  its 
provisions,  else  they  could  not  act  understandingly  in  the 
performance  of  a  constitutional  duty.  But  this  asserted 
right  upon  the  part  of  the  House  of  Representatives,  ap 
plied  not  only  to  Indian  treaties,  but  to  all  treaties  of 
whatever  nature,  which  Government  might  enter  into.  It 
was  early  proclaimed,  and  involved  a  question  of  preroga 
tive  and  privilege  between  the  Senate  and  House,  which 
still  remains  unsettled.  It  was  earnestly  discussed  when 
the  British  treaty  of  seventeen  hundred  and  ninety-four 
was  under  consideration.  The  President  and  Senate  in 
sisted  that  the  power  to  make  treaties  was  an  important 


76  INDIAN   POLICY   OF  THE   GOVERNMENT. 

act  of  sovereignty,  which  the  constitution  conferred  upon 
the  Executive,  and  when  the  President  exercised  that 
power,  and  executed  a  treaty,  it  became,  upon  ratification 
by  the  Senate,  the  supreme  law  of  the  land,  and  as  such 
was  paramount  to  the  laws  of  the  United  States,  and  could 
not  be  set  aside  by  legislation.  It  was  also  insisted,  that 
the  constitution  made  no  distinction  between  treaties  with 
foreign  nations  and  with  Indian  tribes,  and  that  all  treaties 
should  be  made  by  the  President  and  then  submitted  to  the 
Senate  for  approval ;  that  when  this  rule  was  followed, 
and  a  treaty  made  and  approved  which  involved  the  ex 
penditure  of  money,  the  necessary  appropriation  should  at 
once  be  made,  or  the  national  faith  would  be  violated. 
The  House  replied  by  resolution  and  declared,  "  that  it  is 
the  constitutional  right  and  duty  of  the  House  of  Repre 
sentatives  in  all  cases  of  treaty,  to  deliberate  upon  the  ex 
pediency  of  carrying  such  treaty  into  effect,  and  to  deter 
mine  and  act  therein  as  in  their  judgment  may  be  best  for 
the  public  good." 

The  question  again  arose  when  the  terms  of  the  treaty 
of  eighteen  hundred  and  fourteen  were  under  discussion, 
and  as  formerly,  a  compromise  was  effected,  under  which 
the  required  appropriation  was  made,  but  a  settlement  of 
the  constitutional  points  involved  could  not  be  accom 
plished.  The  House  maintained,  that  prior  to  the  exe 
cution  and  ratification  of  a  treaty  which  demanded  an 
expenditure  to  carry  it  into  effect,  the  Executive  should 
obtain  the  sanction  of  Congress  through  an  appropriation. 
This  course  was  followed  by  President  Monroe,  and  was 
generally  approved  and  believed  to  be  in  strict  conformity 
to  the  constitution.  Had  it  been  continued  by  succeeding 
Presidents,  it  is  doubtful  if  the  provisions  contained  in  the 
Indian  appropriation  act  of  eighteen  hundred  and  seventy- 
one,  forbidding  the  recognition  of  Indian  nations  or  tribes 
as  independent  powers,  with  whom  the  United  States  may 


INDIAN   POLICY   OF  THE   GOVERNMENT.  77 

contract  by  treaty,  would  have  received  congressional  sup 
port. 

In  all  the  early  discussions  upon  the  treaty-making 
power,  the  Indian  communities  were  conceded  to  be  as 
free  and  independent  as  the  nations  of  Europe,  in  so  far 
as  the  possession  of  treaty  rights  was  concerned.  Presi 
dent  Adams,  in  his  message  of  eighteen  hundred  and  twenty 
eight,  remarks,  that  "  at  the  establishment  of  the  Federal 
Government  under  the  present  constitution,  the  principle 
was  adopted  of  considering  them  as  foreign  and  independ 
ent  powers,  and  also  as  proprietors  of  lands.  As  independ 
ent  powers  we  negotiated  witli  them  by  treaties  ;  as  pro 
prietors,  we  purchased  of  them  all  the  land  which  we  could 
prevail  upon  them  to  sell  ;  as  brethren  of  the  human  race, 
rude  and  ignorant,  we  endeavored  to  bring  them  to  the 
knowledge  of  religion  and  of  letters." 

The  judicial  branch  of  the  Government  sustained  the 
yiew  above  expressed  in  regard  to  the  independence  of  the 
native  communities,  and  the  celebrated  case  of  Worcester 
against  the  State  of  Georgia,  decided  in  eighteen  hundred 
and  thirty-two,  was  supposed  to  set  the  matter  at  rest. 
The  Supreme  Court  held,  that  the  constitution  placed  the 
Indian  nations  among  those  powers  capable  of  making 
treaties,  and  of  maintaining  the  relations  of  war  and  peace, 
and  that  therefore  the  President  and  Senate  could,  under 
the  treaty-making  power,  enter  into  compacts  with  them 
as  writh  foreign  nations. 

But  the  provisions  of  the  act  of  eighteen  hundred  and 
seventy-one,  to  which  reference  has  been  made,  do  not  im 
ply  that  the  President  and  Senate  had  not  the  constitu 
tional  right  to  treat  with  the  Indian  nations.  On  the  con 
trary,  they  concede  that  that  right  existed,  and  was  legally 
exercised,  by  declaring  :  "  That  nothing  herein  contained 
shall  be  construed  to  invalidate,  or  impair  the  obligations 
of  any  treaty  heretofore  lawfully  made  and  ratified,  with 


78  INDIAN  POLICY  OF  THE   GOVERNMENT. 

any  such  Indian  nation  or  tribe."  For  the  acknowledged 
existence  of  Indian  treaties  "  lawfully  made  and  ratified," 
certainly  necessitated  the  recognition  of  a  power  having 
the  legal  capacity  to  make  and  ratify  them  ;  and,  as  they 
had  all  been  made  and  ratified  by  the  Executive  and  Sen 
ate,  those  branches  of  the  Government  necessarily  pos 
sessed  the  requisite  authority  to  make  and  ratify  them.  If 
therefore  Congress  should  admit,  that  the  United  States 
ever  lawfully  made  and  ratified  Indian  treaties,  it  must 
likewise  admit  that  they  became  such  through  the  exercise 
of  the  power  which  the  constitution  conferred  upon  the 
Executive  and  Senate,  since  that  power  could  not  be  de 
rived  from  any  other  source. 

Only  two  conclusions  can  be  drawn  from  the  provisions 
of  this  congressional  act.  Either  that  the  condition  and 
importance  of  the  Indian  nations  have  undergone  such  a 
change  since  the  adoption  of  the  constitution,  that  they 
have  ceased  in  fact  to  retain  sufficient  of  the  attributes  of 
sovereignty  to  be  competent  to  enter  into  treaties,  or  that 
the  constitution  never  recognized  them  as  nations,  capable 
of  contracting  with  the  United  States  by  treaty. 

Any  other  inference  would  make  it  appear  that  Con 
gress  had  attempted  by  legislation  to  take  away  from  the 
executive  branch  of  the  Government  the  power  which  the 
constitution  has  conferred  upon  it. 

Of  the  two  stated  conclusions  possible  to  be  reached, 
the  first  would  seem  to  be  the  correct  one  ;  because  of  the 
virtual  admission  in  the  act  that  treaties  with  the  Indians 
had  been  lawfully  made  and  confirmed  ;  and  the  provis 
ions  which  have  been  quoted  would  therefore  naturally 
imply  that  Indian  tribes  with  which  the  United  States 
have  heretofore  entered  into  treaties,  and  which  have  been 
considered  independent  communities,  have  at  last  become 
so  insignificant  or  so  dependent,  that  they  are  no  longer 
qualified  to  maintain  national  relations,  nor  to  act  other- 


INDIAN    POLICY    OF   THE   GOVERNMENT.  79 

wise  than  as  the  United  States  may  choose  to  direct ;  and 
therefore  they  shall  not  hereafter  be  acknowledged  as 
independent  communities,  but  the  departments  of  the 
Government  shall  henceforth  recognize  their  actual  condi 
tion,  and  be  guided  accordingly  in  all  future  transactions 
in  which  they  shall  be  parties.  If  it  is  an  absolute  fact 
that  the  Indian  tribes  within  our  territories  have  lost  the 
essential  elements  of  independence,  if  they  have  surren 
dered  or  bartered  away  the  right  of  self-government,  if 
they  have  become  disintegrated  or  widely  separated,  they 
are  in  no  sense  national  organizations,  and  have  not  any 
longer  the  power  to  bind  themselves  by  treaty,  nor  to 
impose  treaty  obligations  upon  the  United  States. 

If  such  fact  does  exist,  it  would  appear  that  Congress 
has  the  constitutional  right  to  discover  it,  and  to  declare 
that  certain  constitutional  provisions  are  no  longer  opera 
tive,  because  of  the  changed  situation  of  affairs.  It  would 
appear  that  such  a  declaration  on  the  part  of  Congress 
would  be  as  fully  within  the  sphere  of  its  duty  as  the  with 
holding  of  an  appropriation  to  satisfy  an  annuity  demand 
which  an  Indian  treaty  declared  perpetual,  for  the  reason 
that  the  Indian  organization  had  become  extinct.  In  the 
latter  case  Congress  merely  refuses  to  carry  out  the  stipu 
lations  of  a  lawfully  executed  treaty,  or  we  might  say,  to 
be  governed  by  the  supreme  law  of  the  land,  because  of  the 
fact,  that  one  of  the  parties  to  the  contract  is  no  longer  in 
being.  In  the  other  case  it  declines  to  recognize  the 
native  communities  within  United  States  territory  as 
nations,  with  whom  treaties  can  be  made,  although  the 
constitution  declared  them  to  be  such,  because  they  have 
actually  lost  the  ability  to  contract  by  treaty.  Unless 
Congress  can  thus  determine  facts,  and  authoritatively 
decide  whether  or  not  they  continue  to  be  of  such  a  na 
ture,  as  to  still  make  operative  or  applicable  the  law  as 
expressed  in  the  constitution,  the  provision  of  the  act  of 


80  INDIAN   POLICY   OP  THE   GOVERNMENT. 

eighteen  hundred  and  seventy-one,  forbidding  further 
treaties  with  Indian  tribes,  is  without  force  or  effect,  and 
the  President  may  negotiate  with  the  Indians  by  treaty, 
until  deprived  of  the  power  to  do  so  by  a  constitutional 
amendment. 

Whether  the  tribal  organizations  have  undergone  such 
radical  change  since  the  formation  of  the  present  Govern 
ment  that  they  no  longer  retain  the  national  characteristics 
which  they  possessed  when  the  constitution  was  framed  and 
adopted,  and  whether  they  have  lost  all  power  to  make  and 
execute  national  decisions,  can  only  be  ascertained  by  a 
comparison  of  their  past  and  present  relations  to  the  United 
States,  a  consideration  of  the  causes  which  have  produced 
modified  conditions,  and  a  review  of  Government  action. 
That  action  has  been  so  extended,  that  it  is  only  possible 
to  give  it  a  hasty  glance  ;  but,  an  attempt  will  be  made  to 
sufficiently  exhibit  it  through  a  discussion  of  its  more 
prominent  features,  to  convey  a  definite  idea  of  its  nature, 
and  the  method  of  its  application. 

Enough  has  been  said  for  the  present,  of  the  powers 
conferred  upon  the  different  branches  of  the  Government 
by  the  constitution.  It  is  important  to  examine  the  policy 
inaugurated  during  the  first  administration,  and  afterwards 
it  will  be  necessary  to  trace  the  modifications  made  in  suc 
ceeding  years.  It  will  be  seen,  that  the  essential  elements  of 
that  policy  still  remain  in  force,  and  only  such  changes  have 
been  introduced  as  varying  circumstances  seemed  to  demand. 

The  declared  objects  which  the  Government  desired  to 
accomplish,  have  always  been  the  same,  viz  :  to  remove  the 
native  population  from  the  land  required  for  occupancy  by 
the  whites,  to  restrain  in  the  most  economical  manner  its 
onslaughts  upon  border  settlements,  and  finally  to  prepare 
it  for  citizenship.  The  first  object  has  uniformly  been 
attained  by  purchase  under  contract  or  treaty  ;  the  second 
has  been  sought  through  various  expedients,  generally  and 


INDIAN    POLICY   OF  THE   GOVERNMENT.  81 

when  possible  of  a  peaceful  character,  but  all  attended  with 
considerable  expenditure  ;  and  the  last  by  the  introduction 
of  civilized  example.  These  three  objects  have  been 
steadily  kept  in  view,  and  any  policy  which  did  not  ostensi 
bly  assist  in  the  accomplishment  of  all,  could  not  have  re 
ceived  popular  support.  For  one  class  of  citizens  demanded 
of  it,  practical  beneficial  results  to  government,  financiallv 
considered.  Another  class,  impressed  with  the  sacred  ness 
of  the  so-called  right  of  the  Indians  to  territory,  and  with 
a  duty  to  make  earnest  endeavors  to  fix  upon  them  the  cus 
toms  of  civilized  and  Christian  life,  demanded  of  it  liberal 
and  benevolent  achievements  ;  while  a  third  class,  looking 
to  the  future,  demanded  individual  and  social  improvement. 
It  is  plain,  therefore,  that  any  policy  which  assisted  in  the 
accomplishment  of  all  these  avowed  objects,  would  be  gen 
erally  sustained,  and  it  is  not  to  be  wondered  at  that  the 
friends  of  every  administration,  proclaimed  that  its  action 
toward  the  native  population  was  both  economical  and  hu 
mane,  and  was  at  the  same  time  rapidly  promoting  civili 
zation. 

At  different  periods,  however,  public  attention  has  been 
partially  diverted  from  one  or  the  other  of  these  desired 
results,  and  the  great  proportion  of  the  labor  expended 
has  been  given  to  that  which  appeared  to  be  of  the  greatest 
temporary  importance. 

If  land  was  required,  endeavors  were  made  to  induce 
the  Indians  to  relinquish  it.  The  commissioners  who 
negotiated  on  the  part  of  the  United  States  must,  under 
the  appearance  of  fair  dealing,  keep  in  mind  the  pecuniary 
consideration,  and  effect  the  purchase  upon  the  most 
moderate  terms  possible.  If  Indian  outbreaks  were 
threatened,  attempts  were  put  forth  to  remove  apparent 
causes  of  disturbance,  and  to  restore  friendly  feeling. 
This  might  be  brought  about  by  placing  restraints  upon 
whites,  and  restrictions  upon  trade,  or  by  the  expenditure 

A* 


82  INDIAN   POLICY   OF   THE   GOVERNMENT. 

of  money  for  the  benefit  of  the  Indians,  and  giving  to 
them  some  of  the  needs  of  civilized  domestic  life. 

All  of  these  experiments  were  tested.  Did  the  position 
of  Indian  nations,  in  respect  to  neighboring  civil  govern 
ments,  make  the  future  incorporation  of  the  native  element 
with  the  great  body  of  our  population  seem  necessary, 
more  earnest  efforts  were  proposed  in  the  interest  of  edu 
cation  and  Christianity.  Still  attempts  to  produce  any  of 
these  results  might  aid  in  securing  the  others.  The  sale 
of  land  removed  the  Indians  further  from  the  white  popu 
lation  and  furnished  them  with  means  to  improve  their 
social  condition.  The  establishment  of  trade  relations,  or 
the  bestowal  of  implements  of  husbandry,  might  induce 
them  to  abandon  the  chase,  make  them  more  willing  to 
abridge  the  limits  of  their  territory,  and  advance  them  in 
the  path  of  civilization.  Should  educational  privileges  be 
extended,  they  might  be  prevailed  upon  to  embrace  the 
opportunity  of  fitting  themselves  for  citizenship,  would 
cease  to  intimidate  by  hostile  attitude  the  border  settle 
ments,  and  would  dispose  of  all  the  land  which  they  did 
not  actually  require  for  cultivation.  Every  administration 
then,  might  with  some  show  of  reason,  defend  the  wisdom 
of  its  action,  whether  engaged  in  the  purchase  of  land  and 
Indian  removal  to  the  westward,  or  in  the  expenditure  of 
revenue  for  the  benefit  of  Indians,  in  order  to  secure 
tranquillity  upon  the  border,  and  to  bring  about  their 
mental  and  moral  elevation.  In  any  event,  contemporary 
opinion  could  not  decide  justly  upon  its  merits,  except  in 
so  far  as  immediate  practical  benefits  were  obtained.  The 
effect  of  civilizing  influences  would  not  be  at  once 
discovered. 

A  faint  sunlight  might  soon  give  place  to  the  old 
shadow  of  darkness.  The  good  seed  cast  upon  such  a 
waste  of  waters,  might  lose  its  power  to  germinate  before 
it  found  congenial  soil. 


INDIAN   POLICY  OF  THE   GOVERNMENT.  83 

Soon  after  the  formation  of  the  new  Government,  Con 
gress  took  into  consideration  the  condition  of  the  native 
population.  Early  in  August,  seventeen  hundred  and 
eighty-nine,  an  act  was  passed,  requiring  the  Secretary  of 
War  to  perform  and  execute  such  duties  as  should  be  "en 
trusted  to  him  by  the  President,  agreeably  to  the  consti 
tution,"  relative  to  Indian  affairs.  Upon  the  twentieth  of 
the  same  month,  an  appropriation  of  twenty  thousand 
dollars  was  voted,  to  defray  the  expenses  of  negotiating 
and  treating  with  the  Indian  tribes  ;  and  an  intimation  of 
the  opinion  of  Congress,  as  to  the  power  of  the  President 
in  the  execution  of  those  duties,  may  be  gathered  from 
the  provision  which  fixed  the  compensation  of  the  com 
missioners  whom  he  should  appoint  to  make  the  negotia 
tions. 

At  this  time  most  of  the  Indians  north-west  of  the 
Ohio  had  violated  the  treaties  which  they  had  made  with 
the  Confederacy.  The  Delawares  and  Pottawatomies,  the 
Ottawa,  Chippewa  and  Sac  nations,  had,  upon  the  previous 
January,  agreed  to  live  in  peace  with  the  United  States, 
and  had,  in  consideration  of  goods  promised  them  to  the 
value  of  six  thousand  dollars,  granted  all  lands  outside  of 
defined  boundaries.  The  contract  had  never  been  observed 
by  them,  and  they  continued  in  hostile  attitude.  The 
Southern  Indians,  with  the  exception  of  the  Chickasaws, 
showed  an  unfriendly  disposition.  The  Government  found 
it  necessary  to  send  military  expeditions  to  the  North,  and 
to  make  preparations  for  the  chastisement  of  the  Indians 
South.  On  the  northern  frontier,  war  continued  until  sev 
enteen  hundred  and  ninety-four ;  and  at  the  South,  a 
vacillating  course  of  action  was  pursued,  and  treaties  estab 
lishing  "perpetual  peace,"  were  quickly  followed  by  war 
like  demonstrations.  At  length  the  British  treaty  of  sev 
enteen  hundred  and  ninety-four,  and  that  made  with  Spain 
in  the  following  year,  deprived  the  Indian  nations  of  foreign 


84  INDIAN    POLICY    OF   THE    GOVEENMENT. 

aid  and  counsel,  and  they  soon  gave  up  the  conflict,  and 
placed  themselves  under  United  States  protection. 

During  these  five  years  of  confusion  and  excitement,  it 
was  not  possible  to  apply  a  definite  Indian  policy.  Presi 
dent  Washington  recommended  the  enactment  of  laws  to 
govern  the  alienation  of  land  by  Indians,  to  provide  for 
their  punishment  when  violating  treaties,  to  remove  from 
their  midst  evil  disposed  white  people,  and  to  justify  the 
appointment  of  agents  to  dwell  among  them.  He  advo 
cated  throughout  the  war  conciliatory  action,  "  a  system, 
corresponding  with  the  mild  principles  of  religion  and  phi 
lanthropy  towards  an  unenlightened  race  of  men,  whose 
happiness  materially  depends  upon  the  conduct  of  the 
United  States." 

When  the  contest  had  nearly  terminated,  he  informed 
Congress  of  the  course  he  intended  to  adopt.  He  said  in 
his  message  of  November,  seventeen  hundred  and  ninety- 
four,  "  The  intelligence  from  our  army  under  the  com 
mand  of  General  Wayne,  is  a  happy  presage  to  our  mili 
tary  operations  against  the  hostile  Indians  north  of  the 
Ohio.  *  *  *  And  yet,  even  at  this  late  hour,  when  our 
power  to  punish  them  cannot  be  questioned,  we  shall  not 
be  unwilling  to  cement  a  lasting  peace,  upon  terms  of  can 
dor,  equity  and  good  neighborhood.  Towards  none  of  the 
Indian  tribes  have  overtures  of  friendship  been  spared." 

Congress  endeavored  to  propitiate  the  Indian  nations  by 
salutary  and  liberal  legislation.  Little  public  effort  had 
hitherto  been  made  to  improve  their  condition.  Now  it 
was  proposed  to  protect  them  from  the  impositions  prac 
ticed  by  white  individuals,  and  to  introduce  among  them 
the  habits  of  civilized  society.  The  Goyernment  proffered 
them  its  protection,  and  promised  non-interference  on  the 
part  of  its  citizens.  The  law  of  seventeen  hundred  and 
ninety  prevented  the  white  population  from  obtaining 
possession  of  the  lands  of  Indians,  and  forbade  any  trade 


INDIAN   POLICY   OF  THE   GOVERNMENT.  85 

with  them/ except  under  license  obtained  through  the 
public  departments. 

The  law  of  seventeen  hundred  and  ninety-three  re-en 
acted  similar  provisions,  and  prescribed  more  severe  pen 
alties  in  case  of  disobedience.  It  also  forbade  white  inhab 
itants  to  settle  on  Indian  land  under  penalty  of  fine  and 
imprisonment,  and  made  crimes  committed  against  Indians 
by  whites,  punishable  in  like  manner  as  those  committed 
against  citizens.  It  also  provided,  "  That,  in  order  to 
promote  civilization  among  the  friendly  Indian  tribes,  and 
to  secure  the  continuance  of  their  friendship,  it  shall  and 
may  be  lawful  for  the  President  to  cause  them  to  be  fur 
nished  with  useful  domestic  animals  and  implements  of 
husbandry,  and  also  to  furnish  them  with  goods  and  money 
in  such  proportions  as  he  shall  judge  proper,  and  appoint 
such  persons  from  time  to  time  as  temporary  agents  to  re 
side  among  the  Indians,  as  he  shall  think  proper,"  but 
expenditures  for  such  purposes  shall  not  exceed  twenty 
thousand  dollars  per  annum. 

By  legislation,  and  through  the  treaty-making  power, 
Government  also  established  control  over  the  New  York 
Indians  and  over  the  Cherokee  and  Creek  nations.  All 
other  Indians,  living  within  State  boundaries,  remained 
subject  to  State  authority.  This  control  however  was  but 
partial.  Government  directed  the  disposition  of  land,  reg 
ulated  trade  and  intercourse,  and  appointed  its  agents  to 
supervise  Indian  affairs.  It  gave  to  its  courts  and  those 
of  the  States  concurrent  criminal  jurisdiction  in  cases  where 
United  States  statutory  offences  were  committed  against 
Indians  in  their  country,  and  within  State  limits.  It  ad 
mitted  the  exclusive  jurisdiction  of  the  State  courts  to  try 
crimes  committed  by  whites  against  whites  upon  Indian 
reservations,  and  even  decided  that  the  power  had  never 
been  conferred  upon  its  own  courts,  to  punish  Indians  for 
offences  committed  against  whites,  when  perpetrated  with- 


86  INDIAN   POLICY   OF  THE   GOVERNMENT. 

in  a  State,  and  outside  of  a  reservation.  The  Government 
also  re-enacted  the  ordinance  of  seventeen  hundred  and 
eighty-seven,  and  provided  for  the  appointment,  by  the 
President,  of  the  officers  of  the  North-west  Territory  : 
North  Carolina  ceded  the  Western  lands  which  it  had 
claimed,  and  the  above  mentioned  ordinance  was  extended 
over  all  the  territory  south  of  the  Ohio.  This  territory 
composed  a  single  district,  and  the  powers  and  duties  of 
governor  were  united  with  those  of  superintendent  of  In 
dian  aifairs.  Soon  after,  Kentucky  was  formed  within 
the  jurisdiction  of  the  commonwealth  of  Virginia,  and  ad 
mitted  as  a  State. 

At  the  conclusion  of  the  war,  the  Indians  were  in  des 
titute  circumstances,  especially  those  on  the  Northern 
frontier.  Government  commenced  a  vigorous  peace  policy, 
and  adopted  such  measures  as  seemed  best  calculated  to 
obtain  and  make  lasting  their  friendship,  and  at  the  same 
time  render  them  more  dependent.  Congress  appropriated 
fifty  thousand  dollars  for  the  purchase  of  goods,  and  passed 
an  act  for  the  purpose  of  carrying  on  with  them  a  just  and 
liberal  trade."  Treaties  were  entered  into,  by  which  the 
United  States  covenanted  to  maintain  them  in  the  peaceable 
possession  and  quiet  enjoyment  of  their  territory,  and 
promised  permanent  annuities.  To  enable  and  induce 
them  to  adopt  civilized  customs,  and  establish  fixed  abodes, 
they  were  furnished  with  agricultural  implements,  also 
with  instructors  to  teach  the  habits  practiced  in  civilized 
communities.  Some  of  the  nations  were  even  more  abun 
dantly  supplied.  They  received  the  necessary  machinery 
to  prepare  material  for  the  construction  of  comfortable 
dwellings,  and  to  make  ready  for  household  use  the  grain 
which  might  reward  their  labors  in  cultivating  the  soil. 
Educational  and  religious  experiments  were  also  under 
taken.  Government  aid  was  granted  to  assist  in  erecting 
school  houses,  and  church  edifices,  and  the  missionaries, 


INDIAN   POLICY   OF   THE   GOVERNMENT.  87 

maintained  by  different  Christian  denominations,  were  en 
couraged  in  the  performance  of  the  good  work  in  which 
they  had  engaged. 

But  the  guardianship  so  carefully  entered  upon,  was 
calculated  to  retard  the  progress  of  civilization,  although 
it  might  secure  temporary  peace.  The  attempted  exclusion 
of  the  white  population  from  the  Indian  country,  by  the 
passage  of  the  stringent  intercourse  act  of  seventeen  hun 
dred  and  ninety-six,  deprived  the  Indians  of  the  example 
of  law-abiding  citizens,  and  left  to  them  as  types  of  white 
morality  and  intelligence,  those  representatives  of  debased 
humanity  whom  the  most  severe  legal  measures  yet  devised 
have  not  prevented  from  affiliating  with  the  native  race. 
By  the  provisions  of  that  act  the  boundary  line  of  the  In 
dian  country  was  to  be  determined,  and  no  white  individ 
ual  could  cross  the  same  and  enter  that  country  without  a 
license  or  passport ;  and  should  any  one  enter  for  the 
purpose  of  trade,  or  even  of  hunting,  he  rendered  himself 
liable  to  fine  and  imprisonment. 

This  law  expired  by  limitation  in  March,  seventeen 
hundred  and  ninety-nine,  but  it  was  then  reenacted  and 
made  to  apply  to  any  variation  of  boundary  which  might 
in  future  be  declared.  It  is  hardly  possible  that  those 
by  whom  it  was  framed,  supposed  that  it  could  be  rigidly 
enforced  ;  but  they  rather  intended  that  it  should  furnish 
the  requisite  authority  for  the  removal  of  troublesome  and 
evil-intentioned  persons,  and  supply  the  Indians  with 
the  power  to  rid  themselves  of  those  who  might  give  them 
annoyance.  It  had  the  effect,  however,  to  shut  out  from 
Indian  intercourse  that  class  of  individuals  who  obey 
simple  prohibitions  because  of  conscientious  regard  for 
law,  and  scarcely  restrained  that  other  class  who  are  alone 
deterred  from  the  commission  of  crime  by  the  fear  of  in 
curring  penalties. 

The  "  Trading  House  Act"  which  was  passed  in  seven- 


88  INDIAN    POLICY   OF   THE   GOVERNMENT. 

teen  hundred  and  ninety- six  also  opposed  the  social  im 
provement  of  the  Indian,  and  exercised  a  demoralizing 
tendency  upon  the  officers  of  the  Government.  It  empow 
ered  the  President  "  to  establish  trading  houses  at  such 
posts  and  places  on  the  Western  and  Southern  frontier,  or 
in  the  Indian  country,  as  he  should  judge  most  convenient 
for  the  purpose  of  carrying  on  a  liberal  trade  with  the 
several  Indian  nations  within  the  United  States."  He  was 
required  to  license  all  traders  and  to  prescribe  rules  and 
regulations  to  govern  their  action.  The  latter  should 
trade  for  furs  and  skins  only,  and  solely  on  public  account. 
They  were  forbidden  to  receive  any  emoluments  or  gain 
from  trade,  but  should  be  compensated  for  services  by 
fixed  salaries. 

The  friends  of  this  act,  however,  did  not  advocate  it  in 
the  interest  of  civilization. 

They  wished  to  accomplish  two  objects  :  one  of  which 
was  the  securing  of  the  friendship  of  the  Indians  by  sup 
plying  their  wants,  and  the  other  the  supplanting  of  the 
British  traders  in  their  influence  over  the  Indians.  It  was 
said  that  France,  Britain,  and  Spain  had  wisely  adopted 
such  a  policy  ;  that  the  United  States  had  hitherto  pur 
sued  war  at  an  enormous  expense,  and  that  it  was  time 
to  try  commerce  ;  that  the  Indians  had  sufficient  sense 
not  to  abandon  allies  who  furnished  them  with  necessary 
goods. 

The  Indians  had,  in  fact,  more  sense  than  they  received 
credit  for.  They  could  understand  the  meaning  of  the 
constant  encroachments  made  in  the  progress  of  settle 
ment.  They  saw  clearly  that  their  lands  were  gradually 
passing  from  their  possession,  and  that  unless  white  ad 
vances  could  be  checked,  they  would  be  obliged  to  retire 
in  order  to  obtain  subsistence,  or  else  submit  to  the  dicta 
tion  of  their  rivals.  That  fear  influenced  their  actions 
more  than  the  desire  for  commerce,  and  rendered  them 


INDIAN    POLICY   OF  THE   GOVERNMENT.  89 

always  willing  to  assist  any  foreign  force  engaged  in  hos 
tilities  against  this  immediate  disturber  of  their  peace  and 
apprehended  cause  of  future  grievances. 

The  act  appropriated  one  hundred  and  fifty  thousand 
dollars,  as  the  capital  stock  to  be  used  in  the  trade,  and 
eight  thousand  dollars  as  the  yearly  compensation  of  the 
factors  and  clerks  who  should  be  appointed  to  conduct  the 
business ;  but  as  all  barter  was  strictly  confined  to  the 
purchase  of  skins  and  furs,  no  Indians  could  participate  in 
the  benefits  of  the  traffic,  unless  they  had  those  articles 
for  sale.  It  therefore  encouraged  a  continuance  and  a 
more  zealous  following  of  their  natural  pursuits,  and  had 
in  no  respect  the  slightest  tendency  to  wean  them  from 
their  nomadic  habits. 

The  act  was  limited  to  a  single  year,  but  it  was  revived 
in  eighteen  hundred  and  two.  and  substantially  continued 
by  periodical  legislation  for  twenty  years.  It  furnishes  an 
illustration  of  the  difficulty  of  destroying  any  Government 
system  of  action,  which  may  possibly  bring  remote  benefi 
cial  results,  in  the  creation  and  duration  of  which  a  class 
of  individuals  are  pecuniarily  interested,  and  of  the  utter 
impossibility  of  confining  it  within  originally  intended 
bounds,  while  practiced.  The  law  as  revived  in  eighteen 
hundred  and  three  contained  no  new  provisions ;  but  in 
eighteen  hundred  and  five,  an  additional  one  hundred 
thousand  dollars  was  appropriated,  for  the  purpose  of 
establishing  new  trading  houses.  In  the  following  year, 
the  appointment  of  a  Superintendent  of  Indian  trade  was 
authorized,  who  should  be  charged  with  the  duty  of  pur 
chasing  all  goods,  sending  the  same  to  posts,  and  receiving 
and  disposing  of,  at  public  auction,  the  furs  obtained 
therefor.  The  capital  stock  was  increased  to  two  hundred 
and  sixty  thousand  dollars,  and  ten  thousand  dollars  was 
fixed  as  the  united  salaries  of  factors  and  clerks. 

In  eighteen  hundred  and  nine,  the  capital  stock  was 


90  INDIAN   POLICY   OF  THE   GOVERNMENT. 

made  three  hundred  thousand  dollars ;  and  in  eighteen 
hundred  and  eleven,  the  superintendent  was  directed  to 
purchase  and  ship  to  the  proper  destination,  all  annuity 
goods  purchased  under  treaties.  Thus  was  the  system  con 
tinued  by  legislation  until  eighteen  hundred  and  twenty- 
two,  when  the  President  was  required  to  cause  the  houses 
to  be  closed,  the  accounts  to  be  settled,  and  the  proceeds 
remaining  to  be  used  in  arranging  treaties  with,  and  paying 
annuities  to  Indians.  It  was  continued  and  extended, 
although  it  utterly  failed  to  accomplish  the  objects  ex 
pected  of  it,  and  resulted  in  a  loss  to  Government  from  the 
time  it  was  first  organized — the  average  yearly  loss  being 
about  three  per  cent  of  the  money  invested,  if  the  salaries 
paid  to  officers  is  taken  into  computation.  The  conduct 
of  the  Indians,  during  the  disturbances  of  eighteen  hun 
dred  and  twelve  and  thirteen,  conclusively  demonstrated 
the  fact,  that  foreign  governments  had  not  lost  their  influ 
ence  over  them,  and  the  experiment  also  proved  that  the 
United  States  cannot  compete  with  private  parties  in  In 
dian  trade  enterprises.  And  yet,  notwithstanding  the 
evidences  of  failure  were  so  clearly  apparent  that  resulting 
future  good  could  not  be  reasonably  anticipated,  the  sys 
tem  had  become  so  firmly  established,  and  was  so  persis 
tently  defended  and  supported  by  its  friends,  that  it 
required  the  most  determined  efforts  to  effect  its  de 
struction. 

The  active  peace  policy  inaugurated  by  Government, 
after  the  forced  submission  by  the  Indian  nations  during 
the  latter  part  of  the  century,  seemingly  promised  satis 
factory  results. 

President  Jefferson,  in  his  first  message,  informed  Con 
gress,  that  their  condition  was  improving  ;  that  they  had 
begun  to  see  the  necessity  of  assistance  ;  that  they  had  not 
only  ceased  to  decrease,  but  were  actually  increasing  in 
numbers.  In  subsequent  messages  they  were  represented 


INDIAN    POLICY   OF   THE   GOVERNMENT.  91 

as  living  peaceably,  and  engaging  quite  extensively  in  agri 
culture,  and  as  disposing  of  portions  of  their  lands  to  obtain 
means  to  make  further  advancement.  Endowed,  he  says, 
with  the  faculties  and  rights  of  men,  and  occupying  a 
country  which  left  them  no  desire  but  to  be  undisturbed, 
the  stream  of  population  has  overwhelmed  them,  and  now, 
"  reduced  within  limits  too  narrow  for  the  hunter's  state, 
humanity  enjoins  us  to  teach  them  agriculture,  and  the 
domestic  arts,  and  to  encourage  them  to  that  industry, 
which  alone  can  enable  them  to  maintain  their  place  in 
existence.  *  *  We  have  therefore  furnished  them  lib 
erally  with  the  implements  of  husbandry  and  household 
use.  We  placed  among  them  instructors  in  the  arts  of  first 
necessity.  They  are  covered  with  the  aegis  of  the  law 
against  aggressors  from  among  ourselves  ;"  and  were  it  not, 
he  intimates,  for  the  evil  counsel  and  example  of  crafty  in 
dividuals  who  had  gone  among  them,  their  improvement 
would  be  decided  and  lasting. 

It  is  well  to  note  in  this  connection,  that  those  tribes  or 
nations  which  were  evidently  making  progress,  occupied, 
or  had  occupied  for  a  long  time,  the  border  of  civilization. 
The  southern  Indians,  says  Jefferson,  are  much  more  ad 
vanced  than  those  north  ;  and  Calhoun,  as  late  as  eighteen 
hundred  and  twenty,  reported  as  follows  :  "  While  many 
of  the  Indian  tribes  have  acquired  only  the  vices  with  which 
a  savage  people  usually  become  tainted  by  their  intercourse 
with  those  who  are  civilized,  others  appear  to  be  making 
gradual  advances  in  industry  and  civilization.  Among  the 
latter  description  may  be  placed  the  Cherokees,  Choctaws, 
Chickasaws,  and  perhaps  the  Creeks  ;  most  of  the  remnants 
of  the  Six  Nations  in  New  York,  the  Wyandottes,  Senecas 
and  Shawnees  at  Upper  Sandusky." 

The  Cherokees  stand  first,  and  have  two  flourishing 
schools.  It  is  pertinent  here  to  note  the  fact  that  progress 
was  really  confined  to  those  Indian  nations  more  immedi- 


92  INDIAN    POLICY   OF  THE   GOVERNMENT. 

ately  in  contact  with  the  whites  ;  because  about  the  date 
when  Mr.  Jefferson  gave  utterance  to  the  remarks  which 
have  been  quoted,  a  new  feature  of  the  Indian  policy  ap 
peared,  destined  to  become  in  later  years,  the  one  most 
important  and  prominent.  It  was  the  plan  at  this  time 
suggested  and  afterwards  adopted,  of  removing  the  eastern 
Indian  population  beyond  the  Mississippi  River,  where  it 
might  be  as  far  away  as  possible  from  interference  on  the 
part  of  citizens  or  white  individuals,  and  where  it  would 
cease  to  give  annoyance  to  the  white  communities,  which 
were  rapidly  increasing  in  the  West.  Mr.  Jefferson  enter 
tained  the  supposition,  that  such  a  plan  successfully  carried 
out,  would  result  in  benefit  to  both  races.  The  acquisition 
of  the  Louisiana  territory  presented  the  opportunity  of 
putting  it  in  operation. 

Little  however  at  this  time  was  attempted,  for  popular 
opinion  was  not  prepared  to  favor  so  radical  an  experiment. 
It  had  not  fully  endorsed  the  proposition  of  the  first  Secre 
tary  of  War,  General  Knox,  who  advocated  the  gradual 
removal  of  the  Indians  to  the  West,  and  the  purchase  of 
such  portions  of  their  territory  as  advancing  white  popula 
tion  should  demand.  To  extinguish  the  Indian  title  to  a 
vast  amount  of  territory  before  it  was  actually  required  for 
settlement,  and  to  remove  its  occupants  by  Government  aid 
involved  too  great  an  expenditure,  was  of  doubtful  expedi 
ency  and  was  possibly  inflicting  a  wrong  upon  the  native 
race.  No  active  measures  were  therefore  engaged  in, 
further  than  attempts  to  induce  emigration  by  advice  and 
slight  pecuniary  considerations  ;  and  the  war  of  eighteen 
hundred  and  twelve,  which  destroyed  to  a  great  extent  the 
friendly  relations  between  the  Indians  and  the  United 
States,  rendered  the  operation  of  any  definite  policy  impos 
sible.  But  after  the  settlement  of  the  difficulties  incident 
to  the  war,  the  question  of  removal  again  came  up  for  con 
sideration. 


INDIAN    POLICY    OF   THE   GOVERNMENT.  93 

Its  friends  now  advocated  the  colonization  of  all  the 
eastern  Indians  within  two  large  reservations,  or  declared 
territories — one  of  which  should  be  created  west  of  the 
Mississippi,  and  the  other  near  the  northern  frontier. 
The  plan  had  many  favorable  recommendations,  whether 
examined  in  a  utilitarian  point  of  view,  or  benevolently 
considered.  The  Indians  retarded  the  expansion  of  popu 
lation,  and  the  development  of  large  tracts  of  country. 
Their  presence  within  State  limits  caused  conflicts  between 
State  and  United  States  authorities,  and  gave  rise  to  ques 
tions  of  jurisdiction,  which  were  beginning  to  assume  a 
serious  aspect.  Their  scattered  condition  made  it  well 
nigh  impossible  to  establish  over  them  sufficient  control  to 
prevent  serious  outbreak,  and  the  inhabitants  upon  the 
border  were  without  the  security  which  they  had  a  right 
to  demand.  The  philanthropist  might  add,  that  the  In 
dians  could  not  be  improved  as  long  as  they  remained  in 
the  neighborhood  of  the  whites  ;  for  as  situated,  they  were 
brought  in  contact  with  the  lower  classes  of  society,  and 
were  influenced  to  imitate  vices,  rather  than  to  be  guided 
by  examples  of  virtue.  They  should  therefore  be  placed 
in  localities  beyond  the  reach  of  crafty  and  mischief-mak 
ing  individuals,  where  they  could  be  more  efficiently  pro 
tected  by  the  strong  arm  of  the  law,  and  where  they  might 
be  under  the  direction  of  faithful  and  competent  instruct 
ors,  who  could  induce  them  to  assume  other  habits,  and 
bring  them  gradually  to  a  knowledge  of  the  customs  of 
civilized  life. 

The  opponents  of  the  plan  stoutly  contested  these  argu 
ments,  and  were  apparently  able  to  produce  as  convincing 
proofs  in  support  of  their  own  theories.  Much  of  the  rea 
soning  was  based  upon  doubtful  and  imaginary  premises, 
because  of  different  opinions  entertained  respecting  the 
nature  and  capacity  of  the  native  race.  It  was  denied  that 
the  condition  of  the  Indians  would  be  improved  by  thrust- 


94  INDIAN"    POLICY   OF   THE    GOVERNMENT. 

ing  them  further  back  into  the  wilderness,  where  they 
would  again  take  up  former  practices,  and  unlearn  all  that 
had  been  taught  them.  It  was  claimed  that  the  territory 
which  they  had  already  relinquished  furnished  ample  room 
for  any  increase  of  population  which  could  be  reasonably 
anticipated  during  a  series  of  years,  and  they  should  be 
allowed  to  remain  stationary,  where  they  could  be  better 
encouraged  to  make  permanent  improvements,  and  thereby 
acquire  local  attachments,  and  the  usages  suited  to  a  new 
mode  of  living.  The  objection  that  it  was  hazardous  to 
create  an  Indian  territory,  and  build  up  a  separate  sove 
reignty  within  the  United  States  limits,  was  met  by  the  as 
sertion,  that  the  Indians  would  become  civilized  before 
there  could  be  any  danger  of  conflict.  The  objection  that 
the  execution  of  the  plan  would  be  attended  with  too  great 
an  expense,  was  answered  by  the  statement,  that  removal 
must  at  some  time  take  place,  and  that  the  longer  it  was 
postponed,  the  greater  would  be  the  cost  attending  it.  "  It 
cannot  be  doubted,"  said  Calhoun,  "  that  much  of  the 
difficulty  of  acquiring  additional  cessions  from  the  Chero- 
kees,  and  other  southern  tribes,  results  from  their  growing 
civilization  and  knowledge."  A  wise  economy  therefore, 
directed  that  the  removal  be  made  as  quickly  as  possible. 

The  measure  was  strongly  favored  by  Mr.  Monroe,  and 
he  began  to  act  upon  it  soon  after  he  had  assumed  the 
duties  of  the  presidential  office.  In  July,  eighteen  hun 
dred  and  seventeen,  a  portion  of  the  Cherokee  nation 
agreed  to  accept  land  in  Arkansas.  During  the  following 
vear  the  Delawares  ceded  to  the  United  States  their  pos 
session  in  Indiana,  and  the  Government  agreed  to  provide 
for  them  a  country  west  of  the  Mississippi,  to  pay  them 
the  value  of  the  improvements  which  they  had  made,  also 
a  perpetual  annuity,  and  to  furnish  them  with  provisions 
and  the  necessary  assistance  for  their  journey.  Shortly 
thereafter,  President  Monroe  urged  his  views  upon  Con- 


INDIAN    POLICY  OF  THE   GOVERNMENT.  95 

gress.  He  said  in  a  special  message  relating  to  the  Georgia 
affairs :  <;  My  impression  is  equally  strong  that  it  would 
promote  essentially  the  security  and  happiness  of  the  tribes 
within  our  limits,  if  they  could  be  prevailed  on  to  retire 
west  and  north  of  our  States  and  territories,  on  lands  to 
be  procured  for  them  by  the  United  States.  Surrounded 
as  they  are,  and  pressed  as  they  will  be  on  every  side  by  the 
white  population,  it  will  be  difficult,  if  not  impossible  for 
them,  with  their  kind  of  government,  to  sustain  order,  etc." 
He  then  remarks  that  the  United  States  could  adopt  a 
general  system  for  their  improvement  in  their  new  homes, 
in  which  the  whole  country  would  take  an  interest.  Again, 
in  his  message  of  eighteen  hundred  and  twenty-five,  he 
says  in  speaking  of  the  Indians  :  "  Experience  has  demon 
strated,  that  in  their  present  state  it  is  impossible  to  in 
corporate  them  in  such  masses  in  any  form  whatever  into 
our  system.  It  has  also  demonstrated  with  equal  cer 
tainty,  that  without  a  timely  anticipation  of  and  provis 
ion  against,  the  danger  to  which  they  are  exposed  under 
causes  which  it  would  be  difficult,  if  not  impossible,  to 
control,  their  degradation  and  extermination  will  be  in 
evitable." 

The  work  of  removal  was  now  energetically  pursued, 
and  was  made  the  more  important  on  account  of  the  posi 
tion  taken  by  the  State  of  Georgia.  Her  western  territory 
had  been  relinquished  on  condition  that  the  United  States 
would  extinguish  the  Indian  title  to  the  lands  within  her 
agreed  boundaries,  and  she  demanded  performance  of  the 
condition.  The  Cherokees  within  that  State  had,  under 
treaty  authority,  formed  a  government  of  their  own,  and 
denied  that  State  jurisdiction  extended  over  them.  The 
case  was  considered  by  Congress,  and  although  the  weight 
of  opinion  upheld  the  Cherokees  in  their  asserted  right  of 
self-government,  and  also  conceded  their  right  to  remain 
within  the  State  until  they  might  be  willing  to  depart 


96  INDIAN   POLICY   OF   THE   GOVERNMENT. 

therefrom,  the  best  remedy  out  of  the  difficulty  was 
thought  to  consist  in  the  withdrawal  of  the  cause  of  dis 
content.  A  home  in  the  West,  "  which  should  never  in 
all  future  time  be  embarrassed  by  having  extended  around 
it  the  lines,  or  placed  over  it  the  jurisdiction  of  a  territory 
or  State,"  was  promised  them  in  the  treaty  of  eighteen 
hundred  and  twenty-eight. 

The  whole  subject  of  Indian  removal  was  debated  at 
length  in  Congress.  In  the  meantime,  the  administration 
zealously  labored  to  execute  treaties,  by  which  the  Indians 
should  consent  to  emigrate.  President  Adams  remarked, 
that  the  United  States  had  endeavored  to  advance  them 
and  when  attempts  had  been  partially  rewarded,  they 
were  found  to  exist  "  as  independent  communities  in  our 
midst."  He  recommended  therefore,  that  they  be  sent 
West.  President  Jackson  advised,  that  Congress  set  apart 
an  ample  district  west  of  the  Mississippi,  and  without  the 
limits  of  any  State  or  territory,  to  be  guaranteed  to  the 
Indian  tribes  as  long  as  they  shall  occupy  it ;  each  tribe 
having  the  management  of  its  own  portion  of  the  district, 
and  being  "subject  to  no  other  control  from  the  United 
States,  than  such  as  may  be  necessary  to  preserve  peace  on 
the  frontier,  and  between  the  several  tribes.  There  the 
benevolent  may  teach,  and  an  interesting  commonwealth 
may  be  raised  up,  destined  to  perpetuate  the  race,  and 
attest  the  humanity  and  justice  of  this  Government." 

Congress  passed  an  act  authorizing  the  President  to 
cause  the  necessary  territory  lying  west  of  the  Mississippi 
Kiver,  and  not  included  within  any  State  or  territorial 
government,  to  be  divided  into  a  suitable  number  of  dis 
tricts,  and  to  exchange  land  with  those  Indians  with  whom 
the  United  States  had  treaty  relations.  The  President 
was  also  authorized  to  guarantee  title,  and  to  promise  the 
Indians  aid  to  remove  to,  and  protection  in,  their  new 
residence. 


INDIAN   POLICY   OF   THE   GOVERNMENT.  9? 

Assurances  that  the  tribes  who  agreed  to  the  exchange 
should  be  undisturbed  in  the  control  of  their  own  affairs, 
were  omitted  in  the  act,  but  were  fully  set  forth  in  treaties, 
which  generally  contained  the  stipulations,  that  they  might 
enjoy  their  own  form  of  government,  and  make  their  own 
laws — subject  however,  to  the  regulations  of  Congress  in 
the  matter  of  intercourse — and  that  their  lands  should 
never  be  included  in  any  State  or  territory  of  the  Union. 

The  plan  of  removal  had  now  received  governmental 
sanction.  The  views  of  several  administrations  respecting 
its  importance,  the  zeal  with  which  it  was  prosecuted,  and 
the  benefits  expected  to  result  therefrom,  can  be  briefly 
presented  by  the  introduction  of  a  few  extracts  from 
presidential  messages  and  official  reports.  The  annual 
message  for  eighteen  hundred  and  thirty  informs  Congress 
that  the  speedy  removal  of  the  Indians  to  the  West  is  im 
portant  to  the  General  Government,  the  State  governments, 
and  to  the  Indians  themselves.  It  will  prevent  danger  of 
collision  between  general  and  state  governments,  will  free 
the  Indians  from  the  power  of  the  States,  and  enable  them 
to  pursue  happiness  in  their  own  way.  It  will  retard 
decay  among  them,  and  they  may  possibly  become  inter 
esting  and  civilized  communities.  Treaties  had  been  made 
with  the  Choctawsand  Chickasaws,  "probably  the  last  that 
will  ever  be  made  with  them"  which  are  "characterized  by 
great  liberality  on  the  part  of  Government." 

The  annual  message  for  the  succeeding  year  contains 
the  following  :  "It  is  confidently  believed  that  persever 
ance  for  a  few  years  in  the  present  policy  of  the  Govern 
ment,  will  extinguish  the  Indian  title  to  all  lands  lying 
within  the  States,  and  remove  beyond  their  limits  every 
Indian  who  is  not  willing  to  submit  to  their  laws." 

In  the  message  of  eighteen  hundred  and  thirty-two,  the 
following  is  found  :  "I  am  happy  to  inform  you  that  the 
wise  and  humane  policy,  of  transferring  from  the  eastern  to 
5 


98  INDIAN    POLICY   OF  THE   GOVERNMENT. 

the  western  side  of  the  Mississippi,  the  remnants  of  our 
aboriginal  tribes,  with  their  own  consent  and  upon  just 
terms,  has  been  steadily  pursued  and  is  approaching  I  trust 
its  consummation." 

The  message  of  eighteen  hundred  and  thirty-three  an 
nounces  the  fact,  that  if  the  several  treaties  entered  into 
for  the  relinquishment  of  territory  and  migration  of  the 
Indians  are  ratified,  provision  will  have  been  made  for  the 
removal  of  almost  all  the  tribes,  remaining  east  of  the  Mis 
sissippi.  The  Indians.  "  have  neither  the  intelligence,  the 
industry,  the  moral  habits,  nor  the  desire  of  improvement, 
which  are  essential  to  any  favorable  change  in  their  condi 
tion."  If  the  fate  of  disappearing  before  a  superior  civili 
zation  is  to  be  averted,  it  must  be  brought  about  by  re 
moval.  Those  who  have  emigrated  are  reported  to  be 
doing  well. 

The  message  of  eighteen  hundred  and  thirty-four 
states  :  "  No  important  change  has  during  the  season 
taken  place  in  the  condition  of  the  Indians.  Arrangements 
are  in  progress  for  the  removal  of  the  Creeks  and  Semi- 
noles.  The  Cherokees  east  of  the  Mississippi  have  not  yet 
determined  to  remove.  The  experience  of  every  year  adds 
to  the  conviction,  that  emigration  and  that  alone  can  pre 
serve  from  destruction  the  remnants  of  the  tribes  yet  liv 
ing  among  us."  In  his-report  of  eighteen  hundred  and 
thirty-three,  the  Secretary  of  War  commends  the  policy  of 
Government  in  removing  the  Indians  to  the  West,  where 
they  might  physically  and  morally  improve,  and  alludes  to 
the  advancement  which  those  who  have  emigrated  were 
making.  They  were  rapidly  improving,  were  "  erecting 
dwellings,  and  laying  the  foundation  of  a  social  system, 
which  it  is  to  be  hoped  will  afford  them  security  and  pros 
perity."  He  says,  that  the  whole  country  north  of  the 
Ohio  and  east  of  the  Mississippi,  as  far  as  the  Fox  and  Wis 
consin  Rivers,  has  been  cleared  of  the  embarrassments  of 


INDIAN   POLICY   OF   THE   GOVERNMENT.  99 

Indian  relations  ;  for  the  Indians  have  either  migrated  or 
have  stipulated  to  do  so  within  short  periods.  They  will 
be  comfortable  in  their  new  homes,  "  unless  indeed  the  aid 
and  efforts  of  the  Government  are  rendered  useless  by  their 
habitual  indolence  and  improvidence."  The  Cherokees, 
occupying  portions  of  land  in  Georgia,  Alabama,  North 
Carolina,  and  Tennessee,  numbering  about  eleven  thousand, 
are  the  only  Indians  south  of  the  Ohio  and  east  of  the  Mis 
sissippi,  with  whom  an  arrangement  has  not  been  made, 
either  for  emigration  or  for  a  change  of  political  relations. 
President  Van  Buren,  in  his  message  of  eighteen  hundred 
and  thirty-eight,  said  that  the  measures  lately  pursued 
"  have  rendered  the  speedy  and  successful  result  of  the  long 
established  policy  of  the  Government  upon  the  subject  of 
Indian  affairs,  entirely  certain.  The  occasion  is  therefore 
deemed  a  proper  one,  to  place  this  policy  in  such  a  point 
of  view  as  will  exonerate  the  Government  of  the  United 
States  from  the  undeserved  reproach  which  has  been  cast 
upon  it  through  several  successive  administrations.  That 
a  mixed  occupancy  of  the  same  territory  by  the  white  and 
red  man  is  incompatible  with  the  safety  and  happiness 
of  either,  is  a  proposition  in  respect  to  which  there  has 
long  ceased  to  be  sufficient  room  for  a  difference  of  opinion. 
*  *  *  The  remedial  policy,  the  principles  of  which  were 
settled  more  than  thirty  years  ago  under  the  administra 
tion  of  Mr.  Jefferson,  consists  in  an  extinction,  for  a  fair 
consideration,  of  the  title  to  all  lands  still  occupied  by  the 
Indians  within  the  States  and  territories  of  the  United 
States,  their  removal  to  a  country  west  of  the  Mississippi, 
much  more  extensive  and  better  adapted  to  their  condition 
than  that  on  which  they  then  resided  ;  the  guarantee  to 
them  by  the  United  States  of  their  exclusive  possession  of 
that  country  forever,  exempt  from  all  intrusions  by  white 
men,  with  ample  provisions  for  their  security  against  exter 
nal  violence,  and  internal  dissensions,  and  the  extension  to 


100  INDIAN   POLICY   OF  THE   GOVERNMENT. 

them  of  suitable  facilities  for  their  advancement  in  civiliza 
tion.  This  has  not  been  the  policy  of  particular  adminis 
trations  only,  but  of  each  in  succession  since  the  first  attempt 
to  carry  it  out  under  that  of  Mr.  Monroe."  The  manner 
of  its  execution  has  given  rise  to  conflicts  of  opinion  ;  "  but 
in  respect  to  the  wisdom  and  necessity  of  the  policy  itself, 
there  has  not,  from  the  beginning,  existed  a  doubt  in  the 
mind  of  any  calm,  judicious,  disinterested  friend  of  the 
Indian  race,  accustomed  to  reflection  and  enlightened  by 
experience."  Mr.  Van  Buren  then  indulges  in  prophetic 
fancies,  and  romantically  exclaims  :  "  and  if  in  future 
time  a  powerful,  civilized  and  happy  nation  of  Indians  shall 
be  found  to  exist  within  this  Northern  continent,  it  will  be 
owing  to  the  consummation  of  that  policy  which  has  been  so 
unjustly  assailed."  He  then  speaks  of  the  Cherokees  lately 
removed,  to  whom  Government  granted  in  fee  thirteen 
millions  of  acres,  in  exchange  for  nine  millions,  and  stipu 
lated  to  pay  a  large  sum  of  money,  "  thereby  putting  it  in 
their  power  to  become  one  of  the  most  wealthy  and  inde 
pendent  communities  of  the  same  extent  in  the  world." 
He  further  remarks  that  "  the  case  of  the  Seminoles  con 
stitutes  the  only  exception  to  the  successful  efforts  of  the 
Government  to  remove  the  Indians  to  the  homes  assigned 
them  west  of  the  Mississippi." 

Mr.  Tyler,  in  his  message  of  eighteen  hundred  and  forty- 
two,  thus  speaks  of  improvement  among  the  Indians  : 
"With  several  of  the  tribes,  great  progress  in  civilizing 
them  has  already  been  made.  The  schoolmaster  and  the 
missionary  are  found  side  by  side,  and  the  remnant  of  what 
were  once  numerous  and  powerful  nations  may  yet  be  pre 
served  as  the  builders  up  of  a  new  name  for  themselves  and 
their  posterity."  And  again,  in  eighteen  hundred  and 
forty-four,  he  says  :  "  The  Executive  has  abated  no  effort 
in  carrying  into  effect  the  well  established  policy  of  the 
Government,  which  contemplates  a  removal  of  all  the  tribes 


INDIAN   POLICY   OF  THlT  GOtErtNME?:ST.  101 

residing  within  the  limits  of  the  several  States,  beyond 
those  limits,  and  it  is  now  enabled  to  congratulate  the 
country  at  the  prospect  of  an  early  consummation  of  this 
object.  *  *  *  We  may  fondly  hope  that  the  remains  of 
the  formidable  tribes  which  were  once  masters  of  this 
country  will,  in  their  transition  from  a  savage  state  to  a 
condition  of  refinement  and  cultivation,  add  another  bright 
trophy  to  adorn  the  labors  of  a  well  directed  philanthropy." 

Mr.  Polk  maintained  and  pursued  the  same  Indian 
policy,  and  in  eighteen  hundred  and  forty-seven,  Secre 
tary  Marcy  reported  as  follows  :  "Our  relations  with  the 
tribes  is  yearly  extending,  and  in  many  respects  assuming 
a  more  interesting  character.  The  wise  policy  of  separat 
ing  the  Indians  residing  in  States  and  organized  territories, 
from  contiguity  to,  and  intermingling  with,  the  white  popu 
lation,  and  of  settling  them  in  a  quiet  home,  removed  as 
far  as  practicable  from  the  reach  of  influences  so  perni 
cious  to  their  well  being,  has  been  steadily  pursued,  a'.id 
generally  with  favorable  results." 

From  the  first  report  of  our  first  Secretary  of  the  Inte 
rior,  made  in  eighteen  hundred  and  forty-nine,  we  are  led 
to  believe,  that  the  wisdom  of  the  policy  had  not  been  over 
estimated,  and  that  it  was  about  to  yield  the  abundant 
harvest  of  good  which  had  been  so  confidently  promised. 
He  says  :  "  Most  of  the  tribes  located  permanently  on  our 
western  border,  and  particularly  the  more  southern,  con 
tinue  steadily  to  advance  in  civilization,  and  in  all  the  ele 
ments  of  substantial  prosperity.  The  establishment  of 
manual  labor  schools  in  charge  of  missionary  societies  of 
various  religious  denominations,  is  working  a  great  moral 
and  social  revolution  among  several  of  the  tribes,  and  if  the 
department  had  the  means  of  extending  the  benefits  of 
these  institutions  to  those  now  destitute,  it  would  no 
doubt  be  productive  of  like  happy  results." 

But  a  decided  change  in  the  tone  of  state  papers  and 


102  INDIAN    POL1CT  OF  THE   GOVERNMENT. 

official  reports  is  about  to  take  place.  It  is  suddenly  per 
ceived  that  the  Government,  if  it  has  not  committed  a  pal 
pable  error,  has  at  least  failed  to  accomplish  the  objects 
desired.  Much  of  the  labor  and  expense  attending  the 
execution  of  the  sweeping  plan  of  removal,  and  subsequent 
education  of  the  native  population,  have  been  barren  of 
beneficial  results.  Says  the  Secretary  of  the  Interior  in 
his  report  of  eighteen  hundred  and  fifty  three  :  "  It  is 
folly  to  attempt  to  conceal  the  fact,  that  under  the  present 
system,  the  Indians  have  not  for  many  years  past  advanced 
in  morality,  integrity,  or  intelligence.  *  *  *  Much  of 
the  philanthropy  and  charity  manifested  for  them,  has 
been  wrongfully  directed." 

The  Commissioner  of  Indian  Affairs,  who  had  that  year 
returned  from  a  visit  to  the  Indian  territory,  reported  that 
what  had  been  said  about  the  advancement  of  the  Indians 
was  in  a  great  measure  false.  They  had  houses,  but  they 
did  not  live  like  white  people.  They  refused  to  work,  and 
showed  a  decided  inclination  to  consume  all  the  ardent 
spirits  they  could  by  any  possibility  obtain.  Later,  and 
in  eighteen  hundred  and  fifty- five,  the  Secretary  of  the 
Interior  thus  addressed  President  Pierce  upon  the  subject 
of  the  removal  of  the  Indians,  and  the  guarantees  which 
the  Government  had  given  them  :  "  The  country  was 
congratulated  by  one  of  your  predecessors,  upon  the  re- 
moral  to  their  new  homes,  and  the  dawning  to  them  of  a 
new  and  happy  era  was  publicly  proclaimed.  But  this 
guarantee  has  not  been  fulfilled,  and  that  propitious  time 
has  not  yet  arrived.  A  quarter  of  a  century  has  not  elapsed 
before  the  same  state  of  things,  so  much  deplored,  is 
found  to  exist,  and  the  evil  that  was  intended  to  be  reme 
died  appears  in  a  far  more  appalling  form.  The  strong 
arm  of  the  Government  is  constantly  invoked  to  stay  its 
progress,  and  the  guarantee  is  continually  held  up  to  us 
for  faithful  performance.  Our  only  reply  to  all  the  ap- 


INDIAN    POLICY   OF  THE   GOVERNMENT.  103 

peals  made,  is,  that  "  the  force  of  circumstances  has  ren 
dered  it  impracticable." 

From  such  and  many  similar  expressed  opinions  of  that 
period,  it  is  safe  to  conclude,  that  the  policy  which  suc 
cessive  administrations  had  acted  upon,  had  not  been  ad 
vantageous  to  the  Indian,  or  had  not  at  least,  advanced 
him  in  the  moral  or  social  scale, — whatever  may  have  been 
the  substantial  benefits  which  it  secured  to  the  General 
Government.  It  would  appear  in  fact,  that  the  Indian 
had  retrograded  since  the  completion  of  his  westward 
pilgrimage.  The  Secretary  of  the  Interior,  in  eighteen 
hundred  and  fifty-one,  spoke  in  commendatory  terms  of 
the  New  York  Indians,  who  upon  the  petition  of  the  citi 
zens  of  that  State  had  been  permitted  to  remain  in  their 
eastern  home.  They  were  then  making  gradual  advances 
in  agriculture  and  civil  pursuits,  and  although  they  had 
been  constantly  subjected  to  all  the  destructive  influences 
of  contiguous  white  neighborhood,  were  living  under  their 
own  government,  and  bid  fair  to  surpass  their  formerly 
more  favored  southern  brethren  in  acquiring  the  habits 
necessary  in  a  progressive  social  development.  They  were 
undoubtedly  in  much  better  circumstances  than  they  would 
have  been,  had  they  removed  to  the  Indian  territory  as 
they  stipulated  to  do  in  the  treaty  of  eighteen  hundred 
and  thirty-eight,  and  received  the  one  million  acres  of 
land,  together  with  the  pecuniary  consideration,  which 
had  been  promised  them.  Their  condition  at  the  present 
time  is  probably  more  advanced  than  it  would  have  been 
had  they  migrated  and  recommenced  the  labor  of  improve 
ment.  The  progress  which  they  have  made  during  the 
last  half  century,  exposes  the  fallacy  of  the  doctrine,  that 
Indians  cannot  exist  in  the  presence  of,  and  in  contact 
with,  a  superior  cultivated  race,  and  also  shows  that  they 
are  no  more  subject  to  decay,  or  disorganization,  when 
thus  situated,  than  when  dwelling  apart  by  themselves. 


104  INDIAN   POLICY   OF  THE   GOVERNMENT. 

It  also  shows,  when  compared  with  the  progress  of  the 
southern  nations  since  their  settlement  in  the  Indian 
country,  that  the  red  man  is  more  rapidly  improved  when 
in  constant  communication  with  the  whites,  than  when 
debarred  from  intercourse  with  them — even  if  supplied 
liberally  with  instructors  from  whom  he  can  derive  a 
knowledge  of  the  habits  and  practices  of  a  people  occupy 
ing  a  higher  plane  of  existence. 

Expediency  may  have  dictated  the  removal  of  the  more 
populous  Indian  nations  to  a  country  beyond  State  limits, 
in  order  to  check  conflicts  of  State  and  Federal  authorities. 
It  may  have  warranted  such  removal  on  the  ground,  that 
the  powerful,  independent,  and  irresponsible  communities 
endangered  the  scattered  white  inhabitants,  retarded  the 
growth  of  newly-planted  settlements,  prevented  the  culti 
vation  of  large  tracts  of  productive  land,  and  finally  ar 
rested  general  development.  But  the  less  important 
tribes,  and  especially  the  insignificant  bands  with  which 
the  Government  treated,  should  have  remained  in  the  east, 
in  the  possession  of  convenient  and  much  abridged  re 
servations,  where  circumstances  would  have  induced  them 
to  copy,  by  degrees,  the  customs  of  those  by  whom  they 
were  surrounded. 

The  plan  of  removal  was  too  thoroughly  executed.  As 
viewed  in  the  light  which  the  experience  of  years  has 
thrown  upon  it,  it  did  not  benefit  the  Indian,  and  only 
brought  relief  to  the  country  by  the  temporary  elimination 
of  a  troublesome  element  in  society.  As  far  as  it  brought 
relief,  it  might  be  rationally  defended  ;  but  when  the 
necessity  of  removal  did  not  actually  exist,  in  order  that 
disturbing  causes  might  be  displaced,  it  cannot  be  sup 
ported.  Government  committed  an  error,  in  forcing  into 
the  wilderness  those  straggling  bands  which  had  already 
become  partially  civilized.  The  money  expended  in  fitting 
them  out  with  guns,  blankets,  kettles  and  tobacco,  for 


INDIAN    POLICY   OF   THE   GOVERNMENT.  105 

their  journey,  and  in  furnishing  them  with  a  year's  pro 
visions,  could  have  been  better  employed  in  administering 
to  their  wants  in  their  former  habitations. 

De  Tocqneville'a  remarks  upon  the  uncharitableness  of 
the  country,  called  forth  by  witnessing  the  poverty  and 
wretched  appearance  of  Indians  who  were  awaiting  trans 
portation  across  the  Mississippi,  and  the  criticisms  of 
American  citizens  who  opposed  the  administration,  con 
tained  much  deserved  censure,  and  now  appear  more 
significant  than  the  declarations  of  Presidents  Van  Buren 
and  Tyler,  who  so  confidently  proclaimed  the  wisdom  and 
liberality  of  their  action. 

More  particular  attention  will  be  given  to  the  effect  of 
the  policv,  when  hereafter  its  cost  and  the  measure  of 
advancement  attained  by  those  who  have  been  longest 
under  its  influences  are  considered.  It  has  not  within  the 
last  quarter  of  a  century  been  pursued  to  any  great  extent. 
An  occasional  removal  to  the  Indian  territory  has  been 
accomplished,  but  the  scattered  tribes  have  for  the  most 
part  been  allowed  to  remain  upon  portions  of  their 
own  lands,  having  relinquished,  under  treaty,  possession 
of  such  portions  as  Government  could  persuade  them  to 
dispose  of  when  it  wished  to  concentrate  them,  so  that 
they  could  be  more  readily  supplied,  or  to  open  up  tracts 
of  country  for  settlement,  or  to  disencumber  routes  of 
travel.  Still,  the  idea  of  gathering  the  native  population 
within  two  or  three  large  territorial  reservations,  to  be 
devoted  exclusively  to  its  use  and  occupation  where  it  could 
not  be  contaminated  by  contact  with  overreaching  and  de 
moralized  whites,  and  where  it  could  be  easily  controlled 
and  possibly  taught  the  essential  requirements  of  a  higher 
and  better  life,  has  never  been  abandoned. 

The  tribes  which  inhabited  the  country  adjacent  to  the 
present  Indian  territory  have  been  placed  within  its  boun 
daries,  and  inducements  have  been  held  out  to  those  more 


106  INDIAN   POLICY   OF  THE   GOVERNMENT. 

remote  to  remove  within  the  same,  but  they  have  generally 
proved  unavailing.  The  Commissioners  appointed  under 
the  act  of  eighteen  hundred  and  sixty-seven,  to  meet  and 
negotiate  with  certain  hostile  tribes,  were  empowered  to 
select  a  district  or  districts,  which  should  become  and 
remain  the  permanent  home  of  those  Indians  who  should 
consent  to  live  therein.  The  Commissioners  advocated 
the  establishment  of  an  additional  Indian  territory,  situa 
ted  above  the  Nebraska  line,  and  recommended  that  nearly 
all  the  northern  tribes  roaming  east  of  the  Rocky  Moun 
tains  be  there  concentrated,  while  those  at  the  south  be 
gathered  within  the  territory  already  existing.  The  plan 
was  adopted  and  the  new  reservation  declared  ;  but  owing 
to  the  bitter  hereditary  feuds  actively  maintained  by  mem 
bers  of  the  different  tribes,  or  an  inclination  on  their  part 
to  continue  nomadic  habits,  the  undertaking  met  with 
little  success.  Now  the  Indian  Bureau  is  again  attempting 
to  draw  the  northern  bands  to  the  old  Indian  territory — 
especially  those  which  have  made  progress  in  civilization. 

We  will  glance,  for  a  moment,  at  the  general  Indian 
legislation  of  the  country,  during  the  period  which  has 
thus  been  hastily  traversed,  to  ascertain  more  fully  the 
methods  adopted  by  the  Government,  to  restrain  the  native 
population,  and  by  what  especial  branches  of  the  executive 
authority,  control  has  been  exercised. 

From  the  organization  of  the  Government  until  eigh 
teen  hundred  and  forty-nine,  when  the  Interior  Depart 
ment  was  created,  the  management  of  Indian  affairs  de 
volved  upon  the  Secretary  of  War.  For  many  years  the 
expenditures,  except  when  active  hostilities  existed,  were 
light.  But  few  agents  were  appointed,  but  few  expensive 
treaties  were  made,  and  but  little  money  was  disbursed 
for  the  general  welfare  and  improvement  of  the  native  race. 
As  communication  with  the  interior  was  opened,  and 
population  spread  itself  over  the  western  territory,  our 


INDIAN   POLICY   OF  THE  GOVERNMENT.  107 

Indian  relations  were  correspondingly  extended  and  the 
duties  of  control  necessarily  increased.  In  eighteen  hun 
dred  and  eleven,  the  Superintendent  of  Indian  Trade,  ap 
pointed  under  the  trading-house  acts,  was  directed  to  at 
tend  to  the  distribution  of  annuities  ;  but  when  that  office 
was  abolished  in  eighteen  hundred  and  twenty-two,  the 
direct  supervision  of  all  Indian  matters  again  fell  upon  the 
War  Department,  and  so  continued  until  eighteen  hundred 
and  thirty-two,  when  the  Indian  Bureau  was  created,  a 
Commissioner  of  Indian  Affairs  appointed,  and  a  separate 
office  established  at  an  annual  cost  of  ten  thousand  dollars. 

This  Commissioner,  though  placed  under  the  authority 
of  the  Secretary  of  War,  and  subject  to  such  regulations 
as  the  President  might  prescribe,  had  "  the  direction  and 
management  of  all  Indian  affairs,  and  of  all  matters  arising 
out  of  Indian  relations."  and  passed  upon  all  accounts 
connected  therewith,  which  were  by  him  referred  to  the 
proper  accounting  officers  of  the  treasury. 

The  act  transferring  the  Bureau  to  the  Home  Depart 
ment,  authorized  the  Secretary  of  the  Interior  to  exercise 
all  the  supervisory  and  appellate  powers  formerly  exercised 
by  the  Secretary  of  War,  in  relation  to  all  the  acts  of  the 
Commissioner. 

The  War  Department  had  executed  the  labor  of  Indian 
removal,  had  established  relations  with  nearly  all  the  tribes 
roaming  over  the  United  States  territory,  and  had  devel 
oped  a  system  of  conducting  business,  as  similar  in  form  as 
that  which  characterized  army  transactions,  as  legislation 
and  circumstances  permitted.  Army  officers  and  Indian 
agents  had  been  answerable  to  the  same  authority.  Their 
spheres  of  duty  were  distinct,  but  they  were  often  called 
upon  to  act  in  unison,  when  Indians  became  refractory,  or 
threatened  to  break  out  into  rebellion.  As  they  derived 
their  separate  powers  from  the  same  source,  and  as  those 
powers  were  well  defined,  there  was  little  probability  that 


108  INDIAN    POLICY   OF   THE   GOVERNMENT. 

conflicts  would  arise,  when  united  action  became  necessary. 
Responsibility  to  the  same  head,  also  created  a  common 
interest,  and  the  different  branches  not  only  became  mu 
tually  reliant,  but  were  sharp  observers  of  each  other's  de 
relictions  of  duty.  They  occupied  the  same  field  and  were 
in  constant  communication.  The  agent  was  present  to 
discharge  Government  obligations,  the  soldier  to  restrain 
and  to  inflict  punishment  when  merited.  The  War  De 
partment  held  within  its  own  grasp  these  distinct  forces, 
and  applied  them  to  suit  the  variable  conditions  of  different 
tribes. 

The  Interior  Department  assumed  the  management  of 
Indian  affairs,  without  the  power  to  coerce  disobedient 
bands,  and  expected  to  accomplish  its  work  through  per 
suasion.  In  fact  an  argument  in  favor  of  the  transfer  of 
the  Bureau,  was,  that  too  much  force  had  hitherto  been 
used,  and  too  little  attention  paid  to  milder  methods  ;  and 
for  that  reason  Indian  advancement  had  been  unsatisfac 
tory.  Said  Commissioner  Brown  :  "  Among  the  more  im 
portant  duties  of  this  office,  are  those  which  relate  to  the 
civilization  of  our  Indian  tribes,"  and  the  Secretary  of  the 
Interior,  in  eighteen  hundred  and  fifty-one,  said  that  civili 
zation  "  must  be  commenced  by  substituting  kindness  for 
coercion,  by  feeding  and  clothing,  rather  than  by  warring 
upon  and  driving  them  from  their  territory."  It  is  possi 
ble  that  the  Interior  Department  did  not  intend  to  man 
age  rebellious  tribes.  The  first  Secretary  refused  to  accept 
the  Florida  Indians  until  they  had  been  properly  punished, 
and  manifested  a  willingness  to  be  improved.  In  the  possi 
ble  event  that  any  of  the  tribes  could  not  be  controlled 
through  kindness,  it  was  easy  to  turn  them  over  to  the 
army  for  chastisement. 

Another  consequence  of  the  transfer  was  the  creation 
of  apparently  separate  interests,  on  the  part  of  the  officers 
of  the  two  departments.  Each  class  felt  independent  of 


INDIAN    POLICY   OF   THE   GOVERNMENT.  109 

the  other.  The  feeling  of  mutual  reliance  was  destroyed, 
and  there  sprung  up  in  its  stead  a  spirit,  if  not  of  jealousy, 
at  least  of  distrust,  lest  either  party  might  make  unwar 
ranted  assumptions,  or  declarations  of  authority.  The 
checks  formerly  existing  upon  illegal  or  fraudulent  trans 
actions,  by  reason  of  the  watchfulness  which  a  conscious 
common  responsibility  produced,  were  removed,  and  the 
scattered  agents,  if  not  strongly  armed  with  intelligence 
and  integrity,  became  the  willing  or  unwilling  prey  of 
tricky  contractors  and  designing  knaves. 

The  Interior  Department  has  retained  the  management 
of  Indian  affairs  to  the  present  time.  Since  eighteen  hun 
dred  and  forty-nine,  the  labor  and  responsibility  incident 
thereto  have  greatly  increased.  Remote  tribes  have  been 
brought  within  treaty  relations,  and  have  been  placed 
under  special  guardianship.  The  provisions  of  the  trade 
and  intercourse  laws  have  been  extended,  by  legislation, 
over  the  Indian  nations  transferred  to  us  by  Mexico,  and 
indeed  over  all  of  those  within  United  States  jurisdiction 
who  occupy  the  Pacific  slope,  including  the  inhabitants  of 
the  territory  of  Alaska. 

This  management  has,  from  year  to  year,  become  more 
independent  and  exclusive.  Congress,  in  eighteen  hundred 
and  fifty-one,  strangely  abridged  the  constitutional  right 
of  the  President  to  select  commissioners  or  ministers  for 
the  purpose  of  framing  Indian  treaties.  It  enacted,  that 
all  such  negotiations  should  be  conducted  by  the  officers 
and  agents  of  the  Indian  Department,  who  should  not  re 
ceive  any  additional  compensation  for  the  extra  services. 
The  President  was  still  allowed,  and  even  compelled,  to 
designate  the  party  by  whom  a  treaty  should  be  negotiated, 
but  was  confined  in  his  selection  to  the  particular  class  of 
persons  amenable  to  the  authority  of  the  Commissioner  of 
Indian  Affairs. 

Congress  might  as  lawfully  have  stripped  the  Executive 


110  INDIAN    POLICY   OF   THE   GOVERNMENT. 

of  all  discretion  in  appointment,  as  to  have  thus  fettered 
its  action.  It  can  as  well  take  away  as  limit  a  power  con 
ferred  by  the  constitution.  The  Interior  Department 
could  as  well  have  objected  to  this  act  upon  legal  grounds, 
as  to  that  of  eighteen  hundred  and  seventy- three,  which 
deprived  the  Indians  of  formerly  recognized  treaty  privi 
leges.  It  did  not,  however,  but  quietly  submitted  to  the 
new  provisions.  The  law  placed  the  entire  native  popula 
tion  more  completely  under  its  control,  and  its  agents 
could  frame  and  negotiate  treaties  according  to  its  dicta 
tion.  It  not  only  did  this,  but  it  also  augmented  the  re 
sponsibility  of  the  Indian  Department  in  the  expenditure 
of  money,  since  that  department  created  the  treaty  obliga 
tions  under  which  a  considerable  portion  of  the  money 
was  disbursed. 

The  system  of  management  does  not  materially  differ 
from  that  which  was  adopted  when  the  Government  was 
inaugurated.  Agents  to  exercise  general  supervision,  in 
structors  in  husbandry,  and  the  mechanical  arts,  dwell 
with  the  various  tribes.  Mental  and  spiritual  improve 
ment  is  sought  through  the  labors  of  secular  and  clerical 
teachers.  The  practice  of  feeding  those  Indians  unable  to 
subsist  themselves,  has  frequently  been  resorted  to  for  the 
last  fifty  years.  The  "  Peace  Policy  "  of  the  late  adminis 
tration  differs  from  past  Indian  policies,  chiefly  because  it 
furnishes  a  greater  amount  of  subsistence,  and  attempts 
more  thorough  instruction. 

The  general  Indian  legislation  of  the  country  is  mostly 
embodied  in  the  Indian  Trade  and  Intercourse  laws,  and 
the  yearly  appropriation  acts.  The  particular  relations 
which  different  tribes  hold  to  the  government  have  almost 
universally  been  brought  about  through  treaties.  There 
are  a  few  instances  in  which  the  status  of  certain  tribes 
has  been  modified,  and  even  radically  changed  by  special 
laws,  unconnected  or  unsupported  by  treaty  agreements. 


INDIAN    POLICY   OF   THE   GOVERNMENT.  Ill 

As  for  instance  the  act  of  eighteen  hundred  and  sixty- 
three,  which  cancelled  all  United  States  obligations  in 
favor  of  specified  bands  of  the  Sioux  nation,  and  declared 
their  rights  in  lands  forfeited.  But  special  acts  affecting 
such  relations,  unless  passed  to  make  operative  treaty  con 
ditions,  have  been  of  such  rare  occurrence,  that  the  above 
statement  might  be  made  without  qualification. 

In  a  preceding  portion  of  this  chapter,  the  idea  is 
advanced  that  the  Indian  nations  have  lost  all  the  national 
characteristics  which  they  possessed  at  the  time  when  the 
constitution  was  framed  and  adopted.  No  effort  has  been 
made  to  support  the  theory  announced  by  a  recent  chair 
man  of  the  Senate  Committee  on  Indian  Affairs,  that  it 
was  "a  solecism  from  the  very  start,"  to  recognize  that 
they  held  any  of  the  elements  of  sovereignty ;  but  their 
former  ability  to  contract  by  treaty  has  been  admitted. 
If  they  have  lost  that  power,  they  have  either  been  de 
prived  of  it  or  they  have  surrendered  it.  If  it  has  been 
taken  from  them  without  their  assent,  it  has  been  effected 
through  the  medium  of  general  legislation,  since  special 
acts  referring  to  particular  tribes  have,  as  a  rule,  been 
passed  to  carry  out  the  provisions  of  treaties,  by  which 
those  tribes  surrendered  or  forfeited  their  national  attri 
butes. 

But  the  majority  of  the  Indian  nations  consented  by 
treaty,  even  before  the  intercourse  laws  were  extended  over 
them,  to  live  under  such  regulations  as  the  United  States 
might  deem  necessary  for  their  welfare,  and  nearly  all 
of  them  have  since  willingly  acquiesced  in  the  regulations 
under  which  they  have  been  placed.  Like  the  Navajos, 
and  neighboring  nations,  they  have  acknowledged  in  coun 
cil  that  they  are  under  the  protection  and  jurisdiction  of 
the  United  States,  and  that  all  laws  in  force  for  regulating 
trade,  and  preserving  peace  with  the  Indian  tribes  are 
binding  upon  them.  Therefore  but  few  of  the  native 


112  INDIAN    POLICY   OF  THE   GOVERNMENT. 

national  organizations,  embracing  but  a  very  limited  pro 
portion  of  the  native  population,  have  been  unwillingly 
deprived  of  any  of  the  attributes  of  sovereignty. 

The  great  majority  of  those  organizations  have  yielded 
them  up,  and  have  solemnly  and  irrevocably  consummated 
the  act  of  surrender.  At  least  they  have  accepted  for  the 
most  part  those  modifications  of  former  political  condition 
which  have  been  effected  by  the  provisions  of  the  trade  and 
intercourse  laws. 

Congress  however  derived  its  power  to  enact  those  laws 
from  the  constitutional  provision  which  permits  it  "  To 
regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes."  It  has  fre 
quently  availed  itself  of  the  power  thus  conferred,  and  if 
we  allow  the  decisions  of  the  courts  to  govern  our  conclu 
sions,  we  must  admit  that  its  action  in  this  respect  has  been 
lawfully  exercised.  In  "  the  United  States  vs.  Rogers  ;" 
Chief  Justice  Taney  held,  that  the  United  States  could 
extend  its  criminal  jurisdiction  over  all  persons,  whether 
whites  or  Indians,  who  resided  within  its  territorial  limits, 
and  without  the  limits  of  organized  States.  Certainly  if 
such  a  power  was  carried  to  its  utmost  legitimate  extent, 
not  one  of  the  native  tribes  would  retain  a  single  national 
qualification. 

From  the  organization  of  the  present  Government  to 
the  beginning  of  the  century,  five  trade  and  intercourse 
acts  were  passed,  nearly  all  limited  in  duration  to  a  short 
period  of  time.  They  were  evidently  intended  to  secure 
the  good  will  of  the  tribes,  while  they  increased  their  de 
pendence.  They  aimed  to  protect  the  Indians  from  the 
frauds  of  private  and  irresponsible  parties,  to  elevate  their 
condition  by  imparting  instruction,  to  cut  them  off  from 
communication  with  citizens  of  foreign  powers,  and  to 
allow  of  no  business  transaction  on  their  part,  with  people 
other  than  of  their  own  race,  except  they  were  conducted 


INDIAN    POLICY   OF   THE   GOVERNMENT.  113 

under  the  supervision  of  regularly  appointed  Government 
officials.  These  acts  authorized  the  appointment  of  agents, 
forbade  the  carrying  on  of  trade  outside  of  State  limits,  by 
any  person  except  a  trader  legally  licensed  ;  declared  in 
valid  all  sales  of  land  by  Indians,  unless  executed  "at 
some  public  treaty,  held  under  the  authority  of  the  United 
States  ;"  defined  the  boundaries  of  the  Indian  country, 
prohibited  whites  from  settling  therein,  and  proclaimed 
public  routes  of  travel  within  it  ;  made  the  penalties  for 
crimes  committed  against  Indians,  within  their  territory, 
the  same  as  if  committed  against  citizens ;  allowed  State 
courts  to  arrest  and  punish  Indians,  if  detected  in  the 
commission  of  depredations  at  any  place  over  which  the 
jurisdiction  of  the  courts  extended  ;  and  finally  authorized 
the  annual  expenditure  of  a  small  amount  of  money,  "to 
promote  civilization  among  the  friendly  Indian  tribes,  and 
to  secure  the  continuance  of  their  friendship." 

There  seems  to  be  nothing  in  these  laws  which  de 
prived  the  Indian  nations  of  any  of  the  acknowledged 
rights  which  they  enjoyed  when  the  country  was  under 
the  supremacy  of  Great  Britain,  or  during  the  existence  of 
the  Confederation,  unless  the  more  stringent  restrictions 
placed  upon  intercourse,  and  the  more  effective  guardian 
ship  sought  to  be  established  over  them,  may  be  supposed 
to  effect  it.  These  are  moderate  in  comparison  to  later 
statutes.  The  law  of  eighteen  hundred  and  two,  without 
expressed  limit  as  to  the  time  of  its  operations,  contained 
the  essential  provisions  of  all  the  laws  above  mentioned, 
and  but  little  of  importance  that  was  new.  The  law  of 
eighteen  hundred  and  sixteen  forbade  any  foreigner  to  enter 
the  Indian  country,  without  first  securing  a  passport. 
The  law  of  eighteen  hundred  and  seventeen  extended  the 
criminal  jurisdiction  of  the  United  States  Courts  over  the 
Indian  country,  and  gave  to  them  power  to  punish  Indians 
who  should  commit  offences  against  whites,  even  in  their 


114  INDIAN    POLICY   OF   THE   GOVERNMENT. 

own  territory.  The  act  of  eighteen  hundred  and  twenty- 
two  enabled  the  courts  to  take  cognizance  of  civil  causes 
arising  in  the  Indian  country,  in  which  Indians  should  be 
opposed  to  whites  as  claimants. 

The  statutes  of  eighteen  hundred  and  thirty-four  sub 
stantially  re-enacted  all  the  important  provisions  of  former 
trade  and  intercourse  laws,  and  readjusted  the  boundaries 
of  the  Indian  country.  It  abridged  the  liberties  of  the 
Indians,  as  it  restricted  their  trade  with  the  outside  world 
to  the  disposition  of  their  robes  and  furs,  which  they  pro 
cured  in  the  chase,  and  made  the  appointment  and  reten 
tion  of  those  with  whom  they  were  alone  permitted  to 
transact  business,  dependent  upon  the  will  or  caprice  of  the 
agents  who  presided  over  them.  It  obliged  them  to  deliver 
up  for  trial  any  of  their  number  accused  of  crime,  and  de 
clared,  "  that  so  much  of  the  laws  of  the  United  States  as 
provide  for  the  punishment  of  crimes  committed  in  any  place 
within  the  sole  and  exclusive  jurisdiction  of  the  United 
States,  shall  be  in  force  in  the  Indian  country,  provided 
the  same  shall  not  extend  to  crimes  committed  by  one  In 
dian  against  the  person  or  property  of  another  Indian." 
The  law  of  eighteen  hundred  and  forty  seven,  amendatory 
of  certain  sections  of  that  of  eighteen  hundred  and  thirty- 
four,  allowed  the  agents  to  pay  over  annuities  due  under 
treaty  stipulations  to  families,  instead  of  to  chiefs,  as  for 
merly,  and  forbade  the  agents  to  make  payment  to  Indians 
while  the  latter  were  intoxicated,  and  only  upon  condition 
that  the  chiefs  and  head  men  of  tribes  would  pledge  them 
selves  to  use  all  their  influence  to  prevent  the  introduction 
and  sale  of  liquor  in  their  country.  It  also  deprived  the 
Indians  of  the  power  of  entering  into  agreements  which 
could  be  enforced,  as  it  made  null  and  void  all  executory 
contracts  for  the  payment  of  money  or  goods,  to  which  they 
should  become  parties.  The  act  of  June,  eighteen  hundred 
and  sixty-two,  provides  that  when  Indians  of  treaty  tribes 


INDIAN   POLICY    OF  THE   GOVERNMENT.  115 

wish  to  adopt  the  habits  of  civilized  life,  and  have  lands 
allotted  to  them,  they  shall  be  protected  by  their  agents 
against  trespassers,  and  if  a  chief  molests  them  he  shall  be 
temporarily  deposed.  This,  under  a  plausible  construction, 
might  enable  an  agent  to  overthrow  the  entire  political  or 
ganization  of  a  tribe,  should  tribal  authority  interfere  with 
an  Indian  who  was  attempting  to  cultivate  a  patch  of 
ground  assigned  him  by  the  agent.  Agents  have  so  fre 
quently  dethroned  chiefs  for  slight  causes,  and  disregarded 
the  desires  of  majorities  in  making  new  appointments,  that 
it  requires  no  effort  of  the  imagination  to  believe,  that  such 
an  interpretation  might  be  given  to  the  law  upon  an  at 
tempt  at  practical  application. 

What  liberties  have  these  trade  and  intercourse  laws 
left  to  the  Indian  nations  ?  What  national  prerogatives 
do  they  enjoy,  and  what  essential  privileges  of  a  free  people 
do  they  retain  ?  In  what  does  that  sovereignty  consist, 
which  enables  the  Executive  and  Senate  under  the  treaty- 
making  power  of  the  constitution,  to  make  to  them  solemn 
pledges,  and  to  bind  our  national  faith  for  the  performance 
of  the  same  ?  The  Indian  nations  have  not  the  independ 
ence  of  the  counties  in  the  States  of  the  Union.  They 
have  not  now  a  single  right  except  to  live  within  their  ter 
ritory  and  control  their  own  domestic  relations.  They  can, 
it  is  true,  freely  rob,  murder,  and  trade  with  each  other, 
without  incurring  responsibility  to  the  United  States  Gov 
ernment.  Yet  that  freedom,  or  license,  has  been  taken 
away  from  the  treaty  Indians.  For  them  the  fountain  of 
all  authority  is  to  be  found  in  the  Interior  Department. 
The  agents  are  their  immediate  rulers,  and  are  vested  with 
arbitrary,  almost  despotic  power.  Their  civil  and  political 
condition  is  so  well  expressed  in  a  section  of  an  act  passed 
in  eighteen  hundred  and  sixty- three,  and  intended  to  apply 
to  a  portion  of  the  Sioux  nation,  that  it  might  not  be  amiss 
to  quote.  It  reads  as  follows  :  "  Said  Indians  shall  be  sub- 


116  INDIAN   POLICY   OF  THE   GOVERNMENT. 

ject  to  the  laws  of  the  United  States  and  to  the  criminal 
laws  of  the  State  or  Territory  in  which  they  may  happen  to 
reside.  They  shall  also  be  subject  to  such  rules  and  regu 
lations  for  their  government,  as  the  Secretary  of  the  Inte 
rior  may  prescribe  ;  but  they  shall  be  incapable  of  making 
any  valid  civil  contract  with  any  person  other  than  a  native 
member  of  their  tribe,  without  the  consent  of  the  President." 


CHAPTER  IV. 

INDIAN    TREATY    SYSTEM. 

THE  Indian  treaty  system,  continued  by  Government 
until  the  year  eighteen  hundred  and  seventy-one,  admits 
of  extended  criticism.  Unless  presented,  our  Indian 
policy  would  be  but  feebly  portrayed.  The  limits  of  a 
single  chapter  are  barely  sufficient  to  allow  a  mention  of 
the  action  taken  under  the  treaty-making  power,  and  the 
responsibilities  which  have  been  thereby  incurred  ;  but  an 
endeavor  will  be  made  to  show  within  those  limits,  how 
that  action  has  been  applied,  and  to  point  out  some  of  the 
most  notable  results. 

A  discussion  of  the  subject,  though  meagre,  involves 
questions  both  of  law  and  of  expediency.  The  legality,  or 
at  least  the  legal  consistency  of  Government  action,  in 
entering  into  many  of  the  treaty  obligations,  is  occasionally 
suggested,  as  an  examination  into  the  changes  of  political 
relations  wrought  through  the  treaty  system  is  pursued. 

Inquiries  as  to  the  amount  of  disbursements  made  on 
account  of  our  Indian  population  become  necessary,  since 
nearly  all  of  the  expenditures  have  been  covered  by  treaty 
promises,  and  the  further  inquiry  is  also  pertinent,  have 
such  disbursements  been  judicious  and  economical? 

More  than  three  hundred  and  sixty  treaties  are  re 
corded  within  the  statute  books,  which  have  been  made 
by  and  between  the  United  States  and  the  Indian  nations, 
since  the  adoption  of  the  constitution.  In  many  of  them, 
a  number  of  distinct  tribes  or  nations  entered  conjointly, 
and  thus  the  same  tribe  has  assumed  sacred  national  ob- 


118  INDIAN   TKEATY   SYSTEM. 

ligations  under  the  most  solemn  sanctions  upon  very 
numerous  occasions.  In  seventeen  hundred  and  ninety- 
four,  twelve  nations  north  of  the  Ohio  executed  the  same 
instrument.  Should  such  joint  action  be  considered  in 
every  instance  as  made  up  of  independent  acts,  equal  in 
number  to  the  separate  national  organizations  which  there 
by  mutually  pledged  their  faith,  our  Indian  treaties  would 
be  numerically  increased  threefold. 

This  surprising  exercise  of  the  treaty-making  power 
has  not  been  distributed  equally  through  successive  periods 
of  time.  Often  for  a  term  of  years  but  very  few  of  these 
international  agreements  were  entered  into,  and  then  there 
might  follow  a  season  remarkably  fruitful  in  treaty  cove 
nants.  Nor  has  every  Indian  nation,  of  the  sixty  or 
seventy  within  our  boundaries,  had  the  same  opportunities 
to  frequently  renew  promises  for  friendly  or  reciprocal 
relations.  The  Missouri  River,  above  the  State  bearing 
its  name,  was  not  reached  by  our  commissioners  until 
eighteen  hundred  and  fifteen,  and  afterwards  for  the  suc 
ceeding  twenty  years,  the  North-western  tribes  were 
seldom  invited  to  enter  into  negotiations.  Many  treaties 
were  made  during  the  early  years  of  the  Government, 
stipulating  peace,  alliance,  or  cession  of  territory.  Again, 
after  the  war  of  eighteen  hundred  and  twelve,  peace  was 
established  with  the  Indian  tribes  through  the  formalities 
of  treaties ;  and  then,  from  eighteen  hundred  and  twenty- 
five  to  eighteen  hundred  and  thirty-eight,  emigration 
from  the  east  to  the  territory  west  of  the  Mississippi  was 
conducted  under  treaty  agreements.  Since  that  period, 
the  tribes  which  have  permanently  roamed  over  the 
country  west  of  the  Mississippi  and  Missouri  Rivers,  have 
occupied  the  greater  share  of  the  attention  of  Government. 
These  treaties  have  been  made  for  the  accomplishment  of 
definite  objects,  and  when  the  attainment  of  those  objects 
was  specially  desired.  As  our  white  population  was  con- 


INDIAN   TREATY   SYSTEM.  119 

stantly  extending  itself,  land  for  settlement  was  needed, 
and  as  Congress  had  early  announced,  that  all  purchases  of 
land  from  Indians  must  "  be  by  treaty  entered  into  pur 
suant  to  the  constitution,"  treaties  became  necessary  in 
order  to  extinguish  Indian  right  of  occupancy.  During 
the  first  twenty-five  years  of  our  existence,  thirty-eight 
treaties  were  ratified,  by  which  it  was  claimed,  that  this 
right  of  occupancy  to  two  hundred  millions  of  acres  was 
extinguished.  Possession  of  land  was  the  chief  object  to 
be  accomplished,  and  in  fact  about  the  only  thing  wished 
for  in  the  absence  of  hostilities,  or  during  undisturbed 
peaceful  relations.  The  tribes  then  retarding  the  advance 
of  white  population,  because  of  occupation  of  country,  or 
because  of  threatening  attitude,  are  those  which  have  been 
most  frequently  met  in  council.  Of  these,  those  formerly 
north  of  the  Ohio,  and  two  or  three  of  the  southern  nations 
were  prominent.  The  Pottawatomies  alone  have  entered 
into  thirty-eight  treaties  with  the  United  States — thirty- 
five  of  which  were  executed  before  they  made  final  dispo 
sition  of  all  their  eastern  lands. 

Commissioners,  freely  chosen  by  the  Executive,  con 
ducted  these  diplomatic  transactions  on  the  part  of  the 
United  States  until  eighteen  hundred  and  fifty-one,  and 
for  the  remainder  of  the  treaty  period,  they  were  for  the 
most  part  under  the  control  of  the  Indian  Bureau.  About 
two- thirds  of  the  treaties  are  prior  in  time  to  the  above 
mentioned  date.  The  succeeding  twenty-five  years  yielded 
nearly  seven  of  these  international  compacts  annually. 
But,  during  this  term,  the  tribes  roaming  over  the  territo 
ry  received  from  Mexico,  and  those  inhabiting  the  coun 
try  to  the  north  of  the  same,  as  well  as  those  along  our 
northern  boundary,  west  of  the  Mississippi,  were  brought 
in  contact  with  our  spreading  settlements,  and  were 
necessarily  called  upon  to  make  concessions,  by  relinquish 
ing  portions  of  their  hunting  grounds. 


120  INDIAN   TREATY   SYSTEM. 

"We  shall  now  attempt  a  brief  consideration  of  a  few  of 
the  treaties,  confining  ourselves  to  recent  dates,  and  com 
menting  only  upon  those  provisions  which  appear  impos 
sible  of  execution,  or  which  might  be  justly  avoided,  and 
those  which,  from  the  condition  of  parties,  might  be  con 
sidered  unconstitutional  by  the  courts  of  the  United  States. 

Among  the  first  mentioned,  we  would  include  those 
which  promise  the  performance  of  acts  which  in  the  na 
ture  of  things  cannot  be  accomplished  ;  those  which  cannot 
by  any  reasonable  supposition  be  peaceably  fulfilled,  if 
carried  to  their  fullest  extent,  and  those  which  might  be 
resisted  by  the  Indian  nations  on  account  of  illegality.  In 
the  second  class,  we  would  place  those  in  which  the  Gov 
ernment,  in  entering  into  them,  carried  the  treaty-making 
power  beyond  its  legitimate  sphere. 

In  a  certain  class  of  treaties  the  position  in  which  the 
Indian  tribes  are  placed  is  simply  absurd.  United  States 
Commissioners,  knowing  full  well  the  willingness  of  In 
dians  to  assent  to  any  course  of  future  conduct  in  order  to 
obtain  a  present  advantage,  and  wishing  as  it  would  seem 
to  make  their  work  complete,  have  induced  the  representa 
tives  of  the  Indian  nations  to  promise  on  behalf  of  their 
people  an  immediate  change  from  the  habits  of  barbarism 
to  those  customs  of  another  race  which  are  the  result  of  the 
struggle  of  centuries  after  individual  and  social  improve 
ment. 

These  tribes  are  not  only  pledged  to  correct  public 
action,  but  also  to  virtuous  private  conduct.  Their  rep 
resentatives  have  not  only  dealt  with  subjects  which  were 
general  and  national,  but  have  attempted  to  surrender  the 
personal  liberty  of  their  constituents. 

The  treaty  of  eighteen  hundred  and  fifty-five  with  the 
Mississippi  and  other  bands  of  the  Chippewas.  furnishes 
an  illustration  of  the  obligations  resting  upon  some  of 
these  freedom-loving  and  but  recently  independent  com- 


INDIAN   TREATY    SYSTEM.  121 

munities.  In  this  instrument,  the  bands,  after  jointly  and 
severally  agreeing  *•  to  conduct  themselves  at  all  times  in  a 
peaceable  and  orderly  manner,  and  to  submit  all  difficulties 
between  them  and  other  Indians  to  the  President"  of  the 
United  States  for  arbitrament  and  decision,  stipulate, 
"  that  they  will  settle  down  in  the  peaceful  pursuits  of  life, 
commence  the  cultivation  of  the  soil,  and  appropriate 
their  means  to  the  erection  of  houses,  opening  of  farms, 
the  education  of  their  children,  and  such  other  objects  of 
improvement  and  convenience  as  are  incident  to  well  reg 
ulated  society,  and  that  they  will  abstain  from  the  use  of 
intoxicating  drinks  and  other  vices  to  which  they  have  been 
addicted." 

Equally  ridiculous  and  as  impossible  of  fulfilment  are 
certain  provisions  in  treaties  made  during  the  same  year 
with  the  Oregon  and  Washington  tribes.  Every  Indian 
in  that  region  is  the  victim  of  a  strict  temperance  pledge. 
All  are  under  international  covenants  to  live  in  peace, 
to  surrender  all  offenders  against  United  States  laws,  and 
not  to  trade  or  transact  business  outside  of  United  States 
limits  ;  and  by  a  supplemental  treaty  of  eighteen  hundred 
and  sixty-five,  these  Indians  relinquished  the  right  to  fish 
and  hunt  outside  of  their  reservations,  and  agreed  to  live 
under  the  laws  of  the  United  States  and  the  regulations 
of  the  Indian  Department,  and  not  to  go  beyond  the  boun 
daries  of  their  reservations  for  any  purpose  whatsoever, 
without  the  written  permission  of  the  agents  whom  our 
Government  might  place  over  them. 

Many  treaties  having  like  and  similar  provisions  are 
still  in  force.  Do  these  covenants  of  absolute  sobriety  and 
upright  conduct  continue  to  run  with  the  nation  while 
remaining  under  contract,  and  are  they  binding  upon 
rising  generations  ?  Is  the  individual  liberty  of  the  child 
circumscribed  by  the  act  of  the  parent  ?  Large  money 
considerations  support  these  treaties,  and  it  is  certainly  for 


122  INDIAN   TREATY   SYSTEM. 

the  interest  of  the  United  States  Government  that  the  op 
posite  parties  to  the  bargain  remain  at  peace  and  at  rest, 
and  cease  to  practice  the  vices  to  which  in  the  past  they 
have  been  addicted.  Perhaps  Congress  might  find  suffi 
cient  facts  to  justify  a  declaration,  that  the  Indian  tribes 
have  not  scrupulously  kept  their  faith. 

A  great  latitude  of  action  has  been  exercised  by  our 
Government  in  its  ratification  of  treaties.  In  some  instan 
ces  material  amendments  have  been  made  by  the  Senate, 
without  the  knowledge  of  the  Indian  tribes  who  entered 
into  the  original  contract,  and  the  amended  instrument 
has  been  deemed  valid,  although  never  submitted  to  the 
tribes  for  concurrence.  The  labor  and  expense  of  collect 
ing  the  scattered  bands  of  an  Indian  nation,  especially 
when  roaming  over  a  great  extent  of  western  country,  is 
so  considerable  that  the  reassemblage  of  a  council  for  the 
purpose  of  considering  and  agreeing  to  amendments, 
unless  the  same  are  vital  to  a  proposed  treaty,  might  be 
pardonable.  The  Senate  amended  the  Cheyenne  treaty 
of  eighteen  hundred  and  sixty-one  by  striking  out  its 
eleventh  article,  and  in  the  opinion  of  the  Executive,  the 
treaty  became  at  once  legally  operative  without  further 
negotiations.  In  that  article  the  Arapahoes  and  Cheyennes 
displayed  a  more  thorough  knowledge  of  the  laws  adopted 
by  our  Government  for  the  disposition  of  its  public  lands, 
and  a  higher  appreciation  of  hospitalities  received  from 
their  white  brethren  than  is  common  among  the  border 
Indians.  They  respectfully  requested  that,  "  in  consid 
eration  of  the  kind  treatment  received  from  the  citizens 
of  Denver  city  and  the  adjacent  towns,  the  proprietors  of 
said  cities  and  adjacent  towns  be  permitted  by  the  United 
States  Government  to  enter  a  sufficient  quantity  of  land  to 
include  said  city  and  towns,  at  the  minimum  price  of  one 
and  one-quarter  dollars  per  acre."  This  constituted  the 
article  which  was  unsatisfactory  to  the  Senate,  and  the 


INDIAN   TREATY    SYSTEM.  123 

Arapahoes  and  Cheyennes  were  held  to  their  contract, 
notwithstanding  the  denial  of  their  request.  But  how- 
could  the  treaty  of  eighteen  hundred  and  fifty-one,  entered 
into  by  Government  with  the  same  Cheyennes  and  other 
Indian  tribes,  be  regarded  as  finally  ratified  and  operative 
upon  the  action  of  the  Senate,  when  that  body  disallowed 
a  large  portion  of  the  money  consideration  which  the 
Indians  demanded  in  payment  for  the  property  and  privi 
leges  by  them  transferred  ? 

Many  important  provisions  of  the  Wyandotte  treaty  of 
eighteen  hundred  and  fifty  were  stricken  out  by  the  Sen 
ate  without  the  consent  of  that  tribe  ;  and  other  cases 
might  be  cited,  where  a  similar  course  has  been  pursued. 
An  acceptance  of  the  consideration  given  by  the  terms  of 
the  treaty  as  modified  by  the  Senate,  might  estop  the  In 
dians  from  pleading  its  illegality,  as  in  law  they  must  be 
supposed  to  know  the  conditions  of  the  contract  under 
which  they  receive  benefits.  This  mode  of  procedure  was 
not  however  general,  and  in  a  few  years  became  entirely 
unnecessary,  because  of  a  discovery  made  by  the  commis 
sioners  of  the  Government  selected  by  the  Indian  Bureau. 

It  consisted  in  the  insertion  of  a  proposition  in  the 
treaty  itself,  to  the  effect  that,  if  modifications  were  deemed 
desirable,  the  same  might  be  made  at  the  pleasure  of  the 
Executive  and  Senate,  and  therefore  become  valid  without 
the  formality  of  reference  for  acquiescence.  The  seventh 
article  of  the  treaty  of  eighteen  hundred  and  fifty-nine, 
with  the  Kansas  tribe  of  Indians,  is  as  follows  :  "In  order 
to  render  unnecessary  any  further  treaty  hereafter  with  the 
United  States,  the  President,  with  consent  of  Congress, 
shall  have  full  power  to  modify  or  change  provisions  of 
former  treaties,  to  such  extent  as  he  may  deem  necessary 
for  their  welfare  and  best  interests." 

A  similar  article  was  incorporated  in  the  Cheyenne 
treaty  of  eighteen  hundred  and  sixty-one.  A  number  of 


124  INDIAN   TREATY   SYSTEM. 

treaties  made  in  eighteen  hundred  and  sixty-five  contain 
this  article  :  "  Any  amendment  or  modification  of  this 
treaty  by  the  Senate  of  the  United  States,  shall  be  con 
sidered  final  and  binding  upon  the  said  band  represented 
in  council,  as  a  part  of  this  treaty,  in  the  same  manner  as 
if  it  had  been  subsequently  presented  and  agreed  to  by  the 
chiefs  and  headmen  of  said  nation." 

In  commenting  upon  the  constitutionality  of  Govern 
ment  action  under  the  treaty-making  power,  it  is  only  in 
tended  to  present  a  few  suggestions.  During  a  hasty 
review  of  the  more  important  Indian  treaties,  the  question 
of  the  legitimate  scope  of  the  treaty-making  power  is  con 
stantly  recurring.  The  puzzling  problem  as  to  whether  the 
power  could  be  carried  to  its  fullest  extent,  when  em 
ployed  in  conducting  negotiations  with  our  Indian  commu 
nities,  is  also  continually  presented  to  the  mind. 

The  power  is  of  course  general,  and  extends  to  all  sub 
jects  of  national  concern.  Says  Story  :  "  It  embraces  treat 
ies  for  peace  or  war,  for  commerce  or  cession  of  territory, 
for  alliance  or  succor,  for  indemnity,  for  injuries  or  pay 
ment  of  debts,  for  the  recognition  or  establishment  of 
principles  of  law,  and  for  any  other  purpose  which  the 
policy  necessitates  or  interests  of  independent  nations  may 
dictate."  Its  limits  are  not  fixed  by  the  constitution,  nor 
can  they  be  defined,  since  they  may  be  varied  by  circum 
stances. 

Each  of  the  departments  of  Government  must  however 
have  its  appropriate  sphere  of  action.  The  Executive,  in 
the  exercise  of  powers  which  the  constitution  confers,  can 
not  intrench  upon  the  constitutional  rights  and  privileges 
of  the  Legislative  Department.  The  President  and  Sen 
ate  acting  unitedty,  cannot  take  from  Congress  its  expressed 
or  implied  authority.  To  such  statements  there  can  be 
no  possibility  of  dissent,  and  they  might  be  announced  as 
fundamental  rules  of  government.  But  when  an  applica- 


INDIAN   TREATY   SYSTEM.  125 

tion  of  these  rules  is  attempted  upon  questions  of  Indian 
control,  great  difficulty  arises,  from  the  fact  that  the  In 
dians  have  been  placed  in  irreconcilable,  or  at  least  anoma 
lous  positions.  Viewed  as  independent  nations,  they  were 
vested  with  treaty  rights,  and  considered  at  the  same  time 
as  a  portion  of  our  population,  they  were  subject  to  legis 
lative  dictation.  Were  their  treaty  rights  abridged  because 
of  their  occupancy  of  United  States  territory  ?  Was  the 
control  of  Congress  limited  because  of  their  conceded 
national  independence  ? 

These  questions  have  received  the  study  of  our  courts 
for  three-quarters  of  a  century,  but  no  satisfactory  or  at 
least  conclusive  answers  are  obtained  from  a  review  of  the 
decisions.  The  earlier  and  more  important  cases  arose 
upon  the  interpretation  of  treaties.  The  President  and 
Senate,  proceeding  under  that  constitutional  provision 
which  bestowed  the  treaty  power,  had  acted  with  great  lati 
tude,  and  the  courts  were  called  upon  to  define  the  true 
scope  of  the  provision.  The  conclusion  reached  seems  to 
have  been  this  :  That  the  power  to  make  Indian  treaties, 
enumerated  in  the  constitution,  was  general,  and  carried 
with  it  authority  to  treat  upon  all  subjects  of  an  interna 
tional  character,  excepting  those  prohibited  by  express 
legislation. 

The  second  question,  whether  legislative  control  over 
the  Indians  was  limited  because  of  conceded  national  in 
dependence,  has  also  been  partially  answered  by  the  courts. 

They  affirmed  that  our  Indian  territory  composed  a 
part  of  the  United  States  ;  that  all  Indians  residing  there 
in  were  a  portion  of  our  population,  and  were  subject  to 
congressional  authority.  It  was  of  late  decided  in  the 
celebrated  Boudinot  case,  that  a  general  law  of  Congress 
annulled  specific  stipulations  of  an  existing  treaty ;  that 
certain  privileges  conferred  upon  members  of  the  Cherokee 
nation  who  were  engaged  in  trade,  were  taken  away  by 


,  _  •   :  .  _  _, :  -.    -  -.  - : :  . 

r=      :       j    - 


:   -. 


-  7 

-  .      - 


.  -  - 


: 


INDIAN   TREATY   SYaTEM.  127 

conferred  in  the  constitution, — a  control  which  the  courts 
failed  to  limit  in  either  case — and  the  action  of  the  sepa 
rate  powers  became  therefore  confused  and  antagonistic. 
Had  those  separate  powers  confined  action  within  agreed 
and  harmonizing  rules,  results  legally  considered  would 
not  have  been  so  perplexing.  Had  Congress  respected 
that  sanctity  which  it  is  claimed  attaches  to  assumed  in 
ternational  obligations,  and  refused  to  legislate  upon 
mat urs  wlm-h  had  practically  been  adjusted  by  treaty, 
legal  conflicts  might  have  been  partially  avoided.  But 
the  rule  of  law,  that  a  treaty  may  be  abrogated  by  a  legisla 
tive  act,  furnished  to  the  House  of  Representatives  a  check 
upon  the  proceedings  of  the  Executive  and  Senate, 
I'lj'HT  the  threat  of  withholding  appropriations,  it  was 
enabled  to  secure  the  passage  of  statutes  which  modified 
treaty  stipulations,  and  made  them  more  in  consonance 
with  its  own  views  and  wishes. 

The  same  rule  of  law  compelled  the  courts  to  declare 
null  and  void  articles  of  existing  treaties,  when  interpret 
ing  general  enactments.  As  in  the  Boudinot  case,  cited 
above,  the  revenue  laws  applied  "anywhere  within  the  ex 
terior  boundaries  of  the  United  States,"  and  the  court, 
gathering  the  meaning  of  Congress  from  the  language  6Br 
ployed,  decided  that  conflicting  Indian  treaty  stipulations 
were  thereby  overthrown. 

Had,  on  the  other  hand,  the  President  and  Senate  con 
fined  Indian  action  to  subjects  which  arise  between  inde 
pendent  powers,  and  left  undisturbed  the  internal  and  in 
dividual  affairs  of  the  tribes,  Indian  matters  might  have 
been  less  complicated.  But  unfortunately,  having  obtained 
jurisdiction  from  the  fact,  or  fiction,  whichever  it  was, 
that  those  tribes  were  independent  nations,they  immediately 
proceeded  to  manage  them  as  a  portion  of  our  dependent 
population,  and  assumed  to  confer  those  privileges,  and 
exercise  that  restraint,  which  was  clearly  within  the  pro- 


138  INDIAN   TREATY   SYSTEM. 

vince  of  Congress.  They  severed  and  dissolved  Indian 
political  organizations,  and  bestowed  upon  the  members 
thereof  American  citizenship.  They  bartered  away  the 
public  domain,  conveying  lands  in  permanency  to  individ 
uals.  In  the  absence  of  statutory  provisions,  they  regu 
lated  trade  and  intercourse,  and  negotiated  upon  every 
subject  which  could  possibly  arise  or  grow  out  of  our  In 
dian  relationship.  The  Wyandotte  treaty  of  eighteen  hun 
dred  and  fifty-five  declared  the  Indians  of  that  band  to  be 
citizens  of  the  United  States.  The  treaty  of  eighteen 
hundred  and  sixty-two  with  the  Pottawatomies,  placed  it 
in  the  power  of  the  President  to  confer  citizenship  upon 
the  members  of  that  tribe.  A  treaty  of  the  same  year 
stipulates  that  the  Ottawas  "  having  become  sufficiently 
advanced  in  civilization,  and  being  desirous  of  becoming 
citizens  of  the  United  States,"  shall  be  permitted  to  termin 
ate  their  relations  to  the  Government  as  an  Indian  tribe, 
after  the  period  of  five  years,  when  they  shall  be  declared 
citizens,  and  shall  be  entitled  to  the  rights,  and  subject  to 
the  laws  of  the  United  States,  and  of  the  State  in  which 
they  reside. 

It  is  plain,  that  the  President  and  Senate  could  not 
bestow  citizenship  upon  aliens,  unless  under  some  enabling 
congressional  act.  Admission  to  the  privileges  of  a  citi 
zen,  can  only  be  gained  by  following  certain  rules  pre 
scribed  by  the  legislative  branch  of  the  Government ;  for 
the  constitution  leaves  the  matter  of  naturalization  solely 
with  Congress.  A  treaty  stipulation  that  inhabitants  of 
territory  about  to  be  acquired  shall  receive  citizenship  in 
case  they  comply  with  the  naturalization  laws  of  the  coun 
try,  would  undoubtedly  be  good,  but  a  stipulation  declar 
ing  citizenship  without  making  necessary  such  proced 
ure  on  the  part  of  those  seeking  the  same,  would  have  no 
validity. 

But  the  Indians  are  not  aliens,  and  the  courts  have  de- 


INDIAN   TREATY   SYSTEM.  129 

cided  that  the  naturalization  laws  do  not  apply  to  them  ; 
still,  it  would  appear,  that  it  was  competent  for  Congress, 
and  for  no  other  power,  to  confer  political  rights  upon  our 
inhabitants. 

The  Executive  and  Senate  however,  abandoned  the  pro 
cess  of  making  citizens  by  simple  declaration.  In  the 
Delaware  treaty  of  eighteen  hundred  and  sixty-six,  they 
compelled  the  members  of  that  tribe  who  sought  citizen 
ship,  to  appear  before  the  United  States  District  Court, 
and  be  naturalized  in  the  same  manner  as  aliens.  They 
first  converted  them,  in  theory  at  least,  into  foreigners,  and 
then  made  applicable  the  laws  of  naturalization,  notwith 
standing  the  decision  of  the  courts  that  the  same  had  no 
relevancy  to  such  cases.  Yet  the  Indians  were  also  made 
to  furnish  proof,  that  they  were  sufficiently  intelligent  and 
prudent  to  control  their  own  affairs,  that  they  had  adopted 
the  habits  of  civilized  life,  and  that  they  had  been  able  to 
support  for  five  years  themselves  and  families ;  so  that,  if 
naturalization  turned  out  to  be  a  useless  operation,  there 
might  still  remain  a  judicial  transaction  upon  which  to 
base  the  doubtful  proceedings. 

But  the  most  surprising  portion  of  the  treaty  is  that 
clause  which  proposed  to  consider  the  children  of  these  de 
clared  citizens  as  aliens,  for  they  upon  arriving  at  the  age 
of  twenty-one  years,  were  to  elect  whether  they  would 
enter  the  tribal  organization,  or  seek  citizenship  through 
the  forms  and  ceremonies  followed  by  their  fathers. 

The  status  of  the  parent  did  not  descend  to  them,  but 
they  were  Indians,  by  birth  and  inheritance,  and  not  only 
bereft  of  political  rights,  but  were  without  membership  in 
the  Delaware  nation. 

Again  Indian  treaties  which  stipulate  for  the  acquisition, 
cession,  or  exchange  of  territory,  are  considered  legitimate, 
while  it  is  extremely  doubtful  if  a  treaty  with  a  strictly  for 
eign  State,  could  convey  any  portion  of  our  public  domain. 


130  INDIAN  TREATY   SYSTEM. 

The  power  "  to  dispose  of  and  make  all  needful  rules 
and  regulations,  respecting  the  territory,  or  other  property 
belonging  to  the  United  States,"  rests  in  Congress.  The 
Ordinance  of  eighty-seven,  ordained  that  all  the  territory 
east  of  the  Mississippi  Eiver  should  forever  remain  a  part 
of  this  country.  Disposition  of  lands  to  foreign  govern 
ments  was  probably  never  contemplated  by  the  framers  of 
the  constitution,  and  the  early  enactment  of  the  above 
mentioned  ordinance  gives  weight  to  the  presumption. 
Aside  from  the  argument,  that  absolute  cession  carries 
with  it  political  control,  which  is  incident  to  the  legisla 
tive  power;  or  sovereignty,  which  belongs  to  the  people  and 
cannot  be  lawfully  surrendered,  it  might  be  affirmed,  that 
the  nature  of  the  Government  forbids  the  dismemberment, 
and  the  unconditional  transfer  of  any  portion  of  its  terri 
tory.  Should,  for  instance,  the  treaty- making  power  un 
dertake  to  dispose  of  Oregon,  or  New  Mexico,  to  a  foreign 
State,  Congress  would  at  once  consider  that  it  was  its  con 
stitutional  duty  to  interfere,  and  stop  the  negotiations,  and 
for  reasons  purely  political.  Still,  grants  of  large  tracts  of 
unoccupied  country  to  Indian  tribes  by  treaty  have  been 
adjudged  valid,  because  since  Government  retained  the  ul 
timate  fee,  control  of  Congress  in  all  things,  except  in  the 
temporary  disposition  of  the  land,  remained  unimpaired. 

Here  likewise  the  Executive  and  Senate  obtained  the 
right  of  action  on  the  ground  that  the  Indian  bands  were 
sufficiently  independent  to  be  possessed  of  treaty  privileges, 
and  having  thus  acquired  it,  they  were  enabled  to  enter  into 
negotiations  which  would  have  been  illegal  had  those  bands 
been  strictly  sovereign  in  every  particular.  They  obtained 
jurisdiction  because  of  the  existence  of  a  fact,  and  exercised 
it  freely  because  that  fact  was  simply  a  legal  fiction. 

The  truth  of  this  statement  will  more  fully  appear  as 
this  subject  is  pursued.  Congress  early  proclaimed  that 
Indian  country  should  only  be  acquired  through  treaty,  but 


INDIAN   TREATY   SYSTEM.  131 

once  unincumbered  it  could  not  be  reconverted  without  its 
own  cooperation.  It  set  apart  the  Indian  territory  for  In 
dian  use  and  occupancy,  and  the  Executive  and  Senate 
delayed  the  work  of  removal  until  the  necessary  statute  was 
passed.  But  during  recent  years,  the  latter  has  not  only 
considered  the  treaty  power  competent  to  purchase  title 
but  also  to  dispose  of  the  ultimate  fee  to  the  Indians  them 
selves.  Treaties  of  eighteen  hundred  and  fifty-five,  and 
some  prior  to  that  time,  allotted  to  individuals  small  tracts 
in  reservations  ;  but  as  the  right  of  alienation  was  expressly 
withheld,  these  tracts  continued  to  retain  their  character 
as  Indian  lands,  and  the  grants  were  therefore  harmless. 
Subsequent  to  that  period,  in  a  few  instances,  the  treaty- 
making  power  entered  into  stipulation  to  confer  citizenship 
upon  the  individual  members  of  tribes,  and  to  convey  to 
them  in  fee  simple,  by  absolute  patent  with  all  needful 
covenants,  parcels  of  land  of  which  they  held  possession— 
thereby  severing  Indian  national  organizations,  investing 
the  members  of  the  same  with  complete  political  privileges 
and  converting  them  into  landed  proprietors.  Such  a 
scope  of  action  can  only  be  sustained  upon  the  plea,  that 
the  treaty-making  power,  or  Congress,  could  alone  legally 
exercise  unlimited  control  over  our  Indian  population, 
when  once  either  obtained  the  right  of  direction  or  admin 
istration  in  any  particular  whatever,  or  for  any  expressed 
purpose  ;  that  although  the  former  obtained  authority  to 
act,  because  of  the  legally  recognized  independence  of  the 
communities  into  which  this  population  was  divided,  it 
might  carry  its  authority  to  an  extent  which  could  not  be 
upheld,  except  on  the  ground  that  they  were  not  inde 
pendent. 

But  what  elements  of  sovereignty  was  it  necessary  that 
these  communities  should  possess,  in  order  to  allow  the 
treaty-making  power  to  negotiate  with  them  ?  The  deter 
mination  of  that  question  rested,  it  would  seem,  in  the  dis- 


132  INDIAN   TREATY   SYSTEM. 

cretion  of  the  authority  exercising  the  power,  and  was  not 
therefore  subject  to  control. 

It  has  never  been  answered,  and  we  must  look  for  a 
solution  to  the  practice  pursued.  Numerical  strength  was 
of  no  importance.  A  tribal  political  organization  was  im 
material.  It  did  not  make  the  slightest  difference  whether 
a  so  called  Indian  nation  numbered  ten  thousand  or  five 
hundred,  nor  whether  the  entire  or  only  a  portion  of  a 
tribe  could  be  reached. 

The  treaty  power  met  either  the  Sioux  or  the  Ponca 
in  council ;  and  if  it  could  not  gather  an  entire  tribe,  was 
content  to  enter  into  stipulations  with  its  irresponsible 
fragments.  It  never  failed  to  discover  sufficient  nationality 
in  any  band  of  Indians  to  warrant  the  exercise  of  its  func 
tions — no  matter  what  previous  political  modifications  had 
been  effected  through  treaties,  nor  what  changes  legisla 
tion  had  produced.  As  long  as  the  semblance  of  a  tribal 
organization  remained,  so  long  did  the  agents  of  the  Indian 
Bureau,  acting  as  Commissioners  on  the  part  of  the  United 
States,  invite  its  members  to  enter  into  international  com 
pacts.  The  necessity  of  obtaining  land  in  a  constitutional 
manner  might  be  proffered  as  the  excuse,  but  the  occasions 
were  deemed  suitable  for  the  settlement  of  all  vexed  prob 
lems. 

We  find,  therefore,  that  the  treaty-making  power,  and 
Congress,  were  engaged  in  the  same  vocation,  dealing  with 
the  same  persons,  and  effecting  identical  results — the  one 
by  contract,  (and  it  supposed  with  a  party  fully  capable  of 
entering  into  the  agreement,)  the  other  by  enactment  over 
a  subject  people,  in  every  way  answerable  to  its  laws.  We 
find  Congress,  equally  with  the  Executive  and  Senate, 
severing  tribal  relations,  conferring  citizenship,  and  direct 
ing  the  ultimate  fee  of  Indian  lands  to  be  given  to  individ 
ual  Indians,  where  they  might  be  able  to  furnish  the  proof, 
and  take  the  oatk  of  allegiance  required  of  aliens,  and 


INDIAN   TREATY   SYSTEM.  133 

could  show  to  the  United  States  courts  that  they  were 
sufficiently  intelligent  to  take  care  of  themselves,  and  had 
done  so  for  the  five  previous  years. 

The  correctness  of  the  proceeding  on  the  part  of  Con 
gress,  in  so  far  as  the  change  of  political  status,  (if  volun 
tary  on  the  part  of  the  tribes,)  and  the  final  disposition  of 
land  were  concerned,  cannot  be  questioned.  But  its  ability 
to  divide  territory  before  the  Indian  right  of  possession 
had  been  otherwise  extinguished,  is  extremely  doubtful. 
If  that  had  been  consummated  by  treaty,  congressional  con 
trol  would  have  been  complete  and  supreme  ;  for  nothing 
remained  to  which  the  treaty  power  could  attach  action. 
Granting  then,  that  a  tribal  association  of  any  character, 
holding  occupancy  of  soil,  stood  in  treaty  relationship  with 
the  Government,  it  would  seem  that  no  single  department 
of  the  latter  could  dissolve  that  organization,  dispose  of 
its  lands,  and  admit  its  members  to  the  full  privileges  of 
American  citizenship. 

The  President  assisted  by  the  Senate,  and  Congress, 
must  each  apply  their  offices  before  so  radical  a  change 
could  be  effected  ;  for  land  title  could  not  be  extinguished 
except  by  treaty,  and  political  rights  could  only  be  be 
stowed  by  congressional  enactments.  Each,  too,  must  ope 
rate  independently  within  its  own  constitutional  sphere. 
Congress  cannot  give  validity  or  direction  to  the  action  of 
the  treaty-making  power.  Should  it  claim  the  liberty  to 
review,  and  overrule  treaty  proceedings,  it  must  first  ob 
tain  jurisdiction  upon  facts  already  existing  and  estab 
lished.  Even  then,  it  cannot  give  interpretation  or  pass 
upon  the  legality  of  those  proceedings,  (since  such  dicta 
tion  is  judicial  in  its  nature,  and  belongs  to  the  United 
States  courts.)  but  can  only  destroy  them.  If  therefore 
authority  to  declare  citizenship,  and  to  direct  the  convey 
ance  of  the  public  domain,  is  vested  in  the  President  and 
Senate,  it  is  there  by  virtue  of  the  constitution,  and  Con- 


134  INDIAN   TREATY   SYSTEM. 

gress  can  no  more  define,  control,  or  limit  it,  than  con 
fer  it. 

These  suggestions  are  here  advanced,  because  of  the 
existence  of  an  impression,  that  the  illegalities,  or  at  least 
inconsistencies,  of  treaties,  might  be  cured  by  explanatory 
or  declaratory  statutes.  As  early  as  eighteen  hundred  and 
twenty-seven,  we  find  a  bill  introduced  into  the  House,  to 
settle  the  nature  of  the  estates  conferred  by  treaty  of 
eighteen  hundred  and  twenty-four,  upon  certain  chiefs  of 
the  Quawpaw  nation,  and  to  determine  whether  they  held 
"  in  fee  as  citizens  from  the  United  States,  or  of  their 
tribe  as  Indians."  We  find  an  act  passed  in  eighteen 
hundred  and  forty-eight,  affirming  that  certain  persons  hold 
ing  land  under  the  treaty  of  eighteen  hundred  and  thirty- 
two,  with  the  Pottawatornies,  shall  be  considered  to  hold 
estates  in  fee  simple,  provided  that  deeds  of  conveyance 
made  before  or  after  the  passage  of  the  act,  should  not  be 
valid  unless  approved  by  the  President.  Notwithstanding 
the  well  established  rule  that  "Congress  has  the  sole 
power  to  declare  the  dignity  and  effect  of  titles  emanating 
from  the  United  States,"  and  that  it  may  place  such  lim 
itations  upon  its  grants  as  it  chooses,  the  courts  must  de 
termine  the  quality  of  an  estate  passed  by  treaty,  and 
define  the  same  in  accordance  with  maxims  settled  by  legal 
precedent.  If  they  determine  that  territory  can  be  con 
veyed  by  treaty,  they  must  then  be  governed  by  the  lan 
guage  employed  in  the  contract,  and  apply  the  rules  of 
construction  pertinent  to  such  cases.  Should  such  course 
be  followed,  it  might  be  discovered,  that  tribes  and  indi 
vidual  Indians  were  holding  estates  of  every  name  and 
nature  known  to  the  law — the  tenure  oftentimes  being  far 
different  from  that  intended  by  the  commissioners  who 
executed  the  treaties  on  the  part  of  the  Government  under 
which  those  estates  were  conveyed. 

An  impression  has  also  prevailed   that  Congress  was 


TKEATY   SYSTEM.  135 

competent  to  direct  the  treaty-making  power  in  its  action  ; 
that  under  its  instructions  the  latter  might  negotiate  in 
regard  to  subjects  which  otherwise  would  not  come  within 
its  province.  An  act  of  eighteen  hundred  and  sixty- 
three  confers  upon  the  President  the  privilege  to  treat 
with  the  Kansas  Indians  for  exchange  of  territory. 

An  act  of  eighteen  hundred  and  sixty-seven  author 
ized  the  President  to  appoint  a  Commission  to  meet  hos 
tile  Indians,  and  to  make  treaty  with  them  for  their  perma 
nent  settlement  in  a  district  of  country  to  be  made  by 
selection,  subject  to  the  approval  of  Congress. 

A  more  perfect  manifestation  of  this  impression  is 
contained  in  the  act  of  eighteen  hundred  and  sixty-seven, 
which  was  subsequently  set  aside.  It  repealed  "  all  laws 
allowing  the  President,  the  Secretary  of  the  Interior,  or 
the  Commissioners  of  Indian  Affairs  to  enter  into  treaties 
with  any  Indian  tribes" — thereby  showing  conclusively 
that  in  the  opinion  of  those  who  framed  and  passed  the 
laws,  Congress  possessed  not  only  authority  to  instruct 
the  President  in  the  exercise  of  the  treaty  power,  but 
could  effectually  limit  his  action  in  that  direction. 

Yet  under  such  and  similar  legislation  the  President 
has  often  called  the  Indian  tribes  to  council,  and  has  based 
upon  it  many  stipulations  which  have  subsequently  re 
ceived  the  sanction  of  the  Senate.  They  stand  upon  our 
statute  books  as  solemn  international  obligations,  for  the 
performance  of  which  the  nation's  faith  is  plighted.  But 
they  are  not  treaties  in  fact. 

The  President,  in  making  such  negotiations,  was  en 
gaged  in  the  execution  of  a  law  of  Congress,  and  was  not 
exercising  a  power  conferred  upon  him  by  the  constitution 
and  which  the  Legislative  Department  is  helpless  to  define 
or  control. 

They  are  simply  Government  contracts,  made  with  a 
people  subject  to  congressional  dictation.  The  ratification 


136  INDIAN  TKEATY   SYSTEM. 

of  the  Senate  does  not  give  them  any  greater  binding  force 
nor  a  more  sacred  character.  As  contracts  they  are  valid 
and  should  be  fulfilled. 

In  so  far,  however,  as  the  President  and  Senate  have 
carried  proceedings  beyond  the  legitimate  province  of  the 
treaty-making  power,  and  have  not  been  supported  by  any  so 
called  enabling  congressional  act,  their  negotiations  with 
the  Indian  tribes  can  neither  be  called  treaties  nor  con 
tracts,  since  they  are  without  warrant  of  law.  That  many 
of  the  treaties  entered  into  contain  doubtful  provisions  in 
this  respect  is  apparent. 

Attention  has  been  more  particularly  confined  to  nat 
uralization,  and  traffic  in  public  lands,  simply  because  of 
the  difficulty  to  understand  how  such  subjects  having  been 
specially  placed  under  the  management  of  Congress  by  the 
constitution  itself,  could  be  regulated  or  interfered  with  in 
any  way  by  any  other  governmental  power. 

But  a  casual  glance  at  many  of  our  Indian  treaties  of 
recent  date,  will  show  to  what  extent  this  treaty  system  has 
in  its  development  laid  hold  of  other  matters,  which  are 
equally  the  concern  of  Congress,  and  with  which  the  rep 
resentatives  of  our  foreign  policy,  however  considered, 
have  nothing  whatever  to  do.  The  course  pursued  might 
be  viewed  as  ridiculous,  were  it  not  for  the  danger  to  be 
apprehended  in  allowing  proceedings  under  it  to  fall  into 
contempt,  and  for  the  vexed  questions  which  the  courts 
must  meet  in  endeavors  to  place  upon  them  proper  con 
struction.  For  we  find  the  treaty-making  power,  which  is 
clothed  with  the  majesty  of  the  Government,  and  can  only 
be  propejly  brought  into  exercise  to  consider  and  adjust 
those  subjects  which  arise  between  sovereign  and  independ 
ent  States,  delegated  as  it  were,  by  act  of  Congress  to  the 
Indian  Commissioners,  and  made  use  of,  to  arrange  the 
social  and  domestic  affairs  of  a  band  of  dependent  barba 
rians.  We  find  that  power,  which  is  supreme  in  its  sphere, 


INDIAN  TREATY   SYSTEM.  137 

making  promises  to  a  few  ignorant  Indian  chiefs,  whom 
the  United  States  Indian  Agent  under  existing  acts  of 
Congress,  might  to-morrow  depose,  and  which  can  only 
be  fulfilled  under  the  instructions  and  management  of 
that  agent,  acting  under  the  regulations  prescribed  by 
Congress. 

We  find  that  power  which  has  been  created  only  to 
deal  with  independent  sovereignties,  contracting  with  in 
dividual  Indians,  who  occupy  small  reservations  in  our 
States  and  territories,  for  the  erection  of  cabins,  the  con 
veyance  of  farms,  and  the  delivery  of  oxen  ;  or  with  their 
headmen,  for  the  support  of  schools,  churches,  and  work 
shops.  Surely  any  fair-minded  person  must  admit,  that 
such  proceedings  are  inconsistent,  if  not  manifestly  illegal; 
that  they  are  calculated  to  bring  our  treaty  system  into 
disrepute  and  contempt,  and  tend  to  diminish  the  regard 
due  to  sacred  international  compacts,  which  serve  to  unite 
the  civilized  world  into  a  common  bond  of  friendship,  and 
which  depend  for  their  existence,  upon  the  courtesy,  en 
lightenment  and  morality  of  nations. 

But  there  were  not  wanting  many  accomplished  indi 
viduals,  who  strenuously  defended  the  Indian  treaty  sys 
tem  down  to  its  final  overthrow  in  eighteen  hundred  and 
seventy-one.  In  the  belief  of  some,  it  was  iniquitous  to 
deny  in  our  strength,  a  right  which  was  conceded  to  the 
Indian  tribes  while  the  Government  was  weak.  They 
seemed  to  forget  that  the  legal  relations  of  the  parties  had 
become  entirely  changed  ;  that  those  tribes  had  parted  with 
every  vestige  of  freedom  they  might  be  supposed  to  have 
once  possessed,  and  were  in  fact  dependent  upon  the  bounty 
of  Government  for  the  necessaries  of  life.  Others  thought 
the  system  practicable,  and  should  be  continued,  until  the 
tribes  could  be  brought  more  thoroughly  under  restraint. 
That  by  it,  the  Indian  Bureau  exercised  an  immediate 
authority  which  was  necessary  to  a  successful  prosecution. 


138  INDIAN   TREATY   SYSTEM. 

of  our  Indian  policy.  They  would  accomplish  objects 
through  questionable  methods.  They  ignore  correct  politi 
cal  status,  and  are  intent  upon  methods  of  control,  else 
they  would  acknowledge  the  duty  of  Congress  to  exercise 
entire  supervision  of  Indian  matters ;  nor  would  they  fail  to 
recognize  the  peril  into  which  the  late  system  has  brought 
constitutional  law,  and  the  troublesome  problems  to  which 
it  has  given  rise  to  perplex  the  courts.  Those  problems 
are  already  sufficiently  numerous.  A  very  large  number 
of  the  Indian  treaties  are  still  in  force.  The  act  which 
forbade  a  continuance  of  the  system,  provided  that  noth 
ing  therein  contained  should  be  construed  to  invalidate, 
or  impair  the  obligations  of  any  treaty,  which  had  been 
lawfully  made  and  ratified  with  any  Indian  nation  or  tribe. 
All  treaties  ratified  to  the  date  of  the  passage  of  the  act, 
were  considered  legal,  and  all  remained  operative,  except 
ing  those  which  had  expired  by  limitation,  or  those  which 
had  been  annulled  by  new  agreements.  Appropriations 
are  still  made  under  some  of  them,  which  were  entered 
into  before  the  commencement  of  the  present  century,  and 
are  to  be  eternally  continued,  unless  means  can  be  devised 
to  extinguish  these  permanent  claims  upon  Government. 
Therefore,  many  intricate  questions  yet  require  decision, 
before  a  definite  settlement  of  the  rights  of  Indians  under 
existing  circumstances  can  be  reached.  The  true  scope  of 
the  treaty-making  power  in  its  application  to  fragmentary 
bands  of  dependent  Indians ;  the  meaning  of  a  patent  of 
lands,  which  the  courts  have  held  to  be  the  superior  and 
conclusive  evidence  of  perfect  legal  title,  and  which  under 
treaty  passes  to  an  individual  a  qualified  fee  ;  the  nature  of 
a  treaty  provision,  which  exempts  land  patented  to  a  citi 
zen  Indian  from  taxation  for  along  term  of  years,  although 
the  same  may  be  situated  within  State  limits  ;  the  true 
status  of  an  individual,  though  an  Indian,  made  a  citizen 
by  simple  treaty  declaration,  are  all  delicate  and  practical 


INDIAK   TREATY   SYSTEM.  139 

questions,  any  one  of  which  may  at  any  time  be  presented 
for  judicial  determination. 

The  proceedings,  based  upon  the  treaties  of  eighteen 
hundred  and  sixty-six  with  tribes  in  the  Indian  territory, 
will  further  illustrate  the  abnormal  condition  of  affairs 
which  the  system  has  produced.  A  civil  government 
exists  there,  and  is  in  a  measure  confessedly  subject  to  con 
gressional  legislation.  It  was  not  organized,  nor  put  in 
operation,  pursuant  to  any  organic  act.  There  has  never 
been  a  statute  passed  to  control  it  or  define  its  powers. 
It  was  devised  by  treaty  commissioners,  and  has  been  con 
structed  upon  treaty  stipulations. 

It  is  the  legitimate  product  of  the  system,  and  as  such 
becomes  of  interest.  Under  agreements  that  they  should 
never  become  subject  to  State  or  territorial  authority,  and 
that  they  might  "  enjoy  a  government  of  their  choice,  and 
perpetuate  such  a  state  of  society  "  as  might  to  them  seem 
best,  these  tribes  were  led  to  this  El  Dorado  of  promise. 
There  they  existed  for  a  long  time  as  independent  commu 
nities,  with  antagonistic  interests.  When  it  became  desira 
ble  to  abridge  the  tracts  of  land  which  had  been  granted 
them,  and  consequently  to  draw  them  into  closer  neighbor 
hood,  and  place  over  them  a  code  of  laws,  the  treaty  pro 
visions  already  made  and  remaining  in  force  placed  diffi 
culties  in  the  path  of  simple  and  direct  procedure.  The 
ordinary  course  of  legislation  in  the  erection  of  territorial 
governments  was  blocked  in  this  instance,  and  it  became 
necessary  for  the  treaty-making  power  to  invent  a  govern 
ment.  He  who  wishes  to  ascertain  what  its  duties  and 
privileges  are,  must  consult  the  treaties  upon  which  it  is 
founded. 

It  might  be  briefly  defined  as  a  confederacy  of  nations, 
dependent  upon  the  United  States  for  protection,  support, 
continuance,  or  dissolution.  Its  legislative  assembly  takes 
cognizance  of  (i  all  rightful  subjects,  and  matters  pertain- 


140  INDIAN   TREATY   SYSTEM. 

ing  to  the  intercourse  and  relations  of  the  Indian  tribes 
and  nations  resident  in  said  territory"  and  represented, 
but  is  restrained  from  passing  any  act  inconsistent  with 
the  constitution  of  the  United  States,  the  laws  of  Congress, 
or  existing  treaty  stipulations ;  or  any  act  affecting  the 
tribal  organizations,  laws,  or  usages.  Its  courts,  required 
for  the  administration  of  justice  and  the  interpretation  of 
its  regulations,  are  organized  and  vested  with  jurisdiction 
by  Congress.  Its  Executive  is  the  Superintendent  of  In 
dian  Affairs,  and  thereby  becomes  ex-officio  Governor. 

The  commissioners  who  negotiated  on  the  part  of  the 
United  States,  builded  thus  far  very  ingeniously.  Legisla 
tion  must  necessarily  be  harmless,  since  the  power  to  over 
throw  or  enforce  it,  rests  with  United  States  officers. 
Congress,  if  unfettered,  could  not  have  invented  a  more 
innocent  expedient  to  harmonize  the  conflicting  interests 
of  the  separate  organizations  thus  associated,  and  allow 
them  opportunity  to  work  out  undisturbed  their  own 
civilization. 

But  glance  further  at  the  treaties  and  mark  the  pecu 
liar  political  complexion  of  the  government  promised  the 
tribes  which  compose  this  confederacy.  Each  is  inde 
pendent  of  the  Grand  National  Council  in  matters  of  home 
concern.  Each  has  its  constitution  and  laws,  its  legisla 
ture,  executive,  and  judiciary.  The  treaties  accord  them 
the  power  of  self-control,  and  deny  to  Congress  the  right 
(( to  interfere  with,  or  annul  their  present  tribal  organiza 
tions,  rights,  laws,  privileges,  and  customs."  Their  courts 
have  exclusive  jurisdiction  in  cases  both  civil  and  criminal, 
and  are  of  last  resort.  They  are  in  semblance  small  prin 
cipalities.  Citizens  of  the  United  States  are  not  permitted 
to  remain  therein  unless  bidden,  and  then  they  become 
members  of  the  nations,  and  are  subject  to  all  the  laws  of 
their  new  domiciles.  In  some  instances,  the  Indian  land 
held  in  common  by  authority  of  the  act  of  Congress  of 


INDIAN   TREATY   SYSTEM.  141 

eighteen  hundred  and  thirty,  may  be  finally  disposed  of 
by  the  legislative  assemblies. 

Such  are  some  of  the  chief  political  features  of  the  tri 
bal  organizations  of  which  the  territorial  government  is 
made  up.  Their  proceedings,  although  confined  within  the 
limits  prescribed  in  the  treaties,  might  give  rise  to  many 
puzzling  questions  ;  and  indeed  they  are  given  a  breadth 
of  action  which  the  law  does  not  justify.  Should  a  white 
man  become  a  member  of  a  tribe  by  adoption,  and  commit 
a  crime  forbidden  by  the  Indian  trade  and  intercourse  Jaws, 
could  the  courts  of  that  tribe  exercise  exclusive  jurisdiction 
in  the  case  ?  Should  he  commit  a  murder,  taking  the  life 
of  an  Indian,  would  he  not  be  amenable  to  trial  by  a  United 
States  court  under  existing  statutes  ?  A  treaty  cannot  set 
aside  an  act  of  Congress.  The  latter  remains  in  force  in 
defiance  of  a  treaty  agreement.  And  yet.  a  few  years  ago, 
the  conduct  of  a  United  States  marshal  was  condemned, 
because  he  attempted  to  take  forcible  possession  of  a  United 
States  citizen,  who  was  also  a  citizen  of  the  Cherokee  na 
tion,  and  who  was  accused  of  the  murder  of  a  Cherokee 
squaw.  The  Cherokee  court  claimed  that  its  jurisdiction 
of  the  case  was  exclusive,  when  in  fact  it  was  not  concur 
rent.  The  process  of  the  United  States  court  could  have 
been  executed,  even  if  a  trial  of  the  accused  by  the  tribal 
courts  had  been  in  progress.  Again,  the  treaties  not  only 
ostensibly  set  aside  United  States  statutes,  but  they  limit 
the  transactions  of  Congress  in  the  matter  of  control. 
That  body,  out  of  scrupulous  regard  for  the  national  faith, 
might  avoid  special  legislation  having  application  to  these 
particular  tribes  ;  but  a  general  Indian  statute  without 
any  saving  clause  would  at  once  dissolve  those  stipulations 
of  a  treaty  with  which  it  was  at  variance. 

A  careful  reading  of  the  instruments  suggests  many  in 
consistencies  of  similar  import.  The  commissioners  in 
preparing  them,  evidently  took  under  advisement  all  the 


142  IXDIAN"  TREATY   SYSTEM. 

solemn  guarantees  and  written  covenants  which  had  not 
become  nugatory,  and  determined  that  all  should  be  sa 
credly  observed.  The  construction  of  the  tribal  govern 
ments  therefore  became  very  difficult,  and  the  labor  was 
probably  as  well  performed  as  circumstances  and  material 
permitted.  They  attempted  impossibilities  under  the  law. 
The  object  sought,  too,  was  new.  Formerly,  the  treaty- 
making  power  had  been  engaged  in  placing  the  tribes  more 
thoroughly  under  United  States  authority.  Here,  the 
experiment  of  confining  that  authority,  and  making  them 
less  dependent,  was  to  be  tried  ;  plainly  a  much  more 
arduous  task. 

If  now,  after  this  casual  review  of  these  promised  po 
litical  regulations  of  the  tribes,  we  again  glance  at  the  con 
struction  of  the  territorial  government,  we  should  find  that 
while  comparatively  harmless  in  its  operation,  it  might  be 
difficult  to  administer. 

The  organizations  of  which  it  is  composed  must  retain 
sole  direction  of  their  own  affairs,  for  the  treaties  make  it 
imperative.  Only  such  matters  as  are  of  general  concern, 
or  such  as  may  arise  between  parties  of  separate  tribes, 
are  placed  under  the  management  of  the  territorial  coun 
cil.  The  field  of  legislation  would,  in  the  language  of  the 
treaties,  include  such  subjects  as  the  "  arrest  and  extradi 
tion  of  criminals  escaping  from  one  tribe  to  another ;  the 
administration  of  justice  between  members  of  the  several 
tribes  of  said  territory,  and  persons  other  than  Indians,  and 
members  of  said  tribes  ;  the  construction  of  works  of  inter 
nal  improvement,  and  the  common  defence  and  safety  of 
the  nations  of  said  territory."  The  field  appears  very  nar 
row  and  the  governor  as  such  has  few  duties  to  perform. 
Still,  being  at  the  same  time  Superintendent  of  Indian 
Affairs,  he  has  direction  of  the  Indian  agents  of  every  tribe. 
As  Governor,  he  executes  the  mandates  of  a  council  estab 
lished  by  virtue  of  treaties,  which  might  unitedly  be  con- 


INDIAN   TREATY   SYSTEM.  143 

sidered  the  organic  act,  or  constitution,  of  the  territory. 
As  Superintendent,  he  executes  the  laws  of  Congress,  and 
can  by  a  skillful  manipulation  of  his  agents,  hold  every 
tribe  represented  in  that  council  in  complete  subjection. 
He  therefore  virtually  conducts  the  tribal  assemblies,  and 
also  the  territorial  legislature ;  and  it  might  oftentimes 
become  difficult  for  him  to  place  proper  bounds  to  his  offi 
cial  action. 

The  United  States  Court,  which  has  exclusive  original 
jurisdiction  in  all  matters  arising  between  parties  of  sepa 
rate  tribes,  must  recognize  all  tribal  rules,  customs  and 
laws  not  inconsistent  with  the  constitution  and  laws  of 
the  United  States.  How  far  this  recognition  must  extend 
depends  in  a  great  measure  upon  the  agreements  of  Indians 
contained  in  treaties.  If  they  have  promised  to  adopt 
our  usages,  to  live  and  govern  themselves  as  do  our  civil 
ized  communities,  a  barbarous  custom  might  be  considered 
inconsistent  with  the  supreme  law  of  the  land,  because  tire 
treaties  interdict  it ;  otherwise,  a  virtuous  and  enlightened 
judge  might  be  sorely  troubled  concerning  the  duty  of  recog 
nition,  for  the  constitution  and  acts  of  Congress  allow  the 
Indian  bands  to  abuse  and  destroy  each  other  at  their  pleas 
ure.  When  this  Indian  territory  of  promise,  progression, 
and  of  intended  expansion,  receives  within  its  elastic  folds 
the  as  yet  uncivilized  Indian  nations,  those  nations  should 
(as  promise  by  treaty  is  no  longer  possible)  be  forced  to 
declare,  and  in  a  manner  which  the  law  will  hold  binding, 
that  they  discard  the  practices  of  their  fathers,  or  Congress 
should  take  away  the  license  which  they  have  hitherto 
enjoyed.  Whatever  may  be  their  social  condition,  it  is 
evident  that  a  court  which  attempts  to  administer  the  laws 
of  the  United  States,  the  laws  enacted  by  the  council  of 
the  Indian  territory,  and  at  the  same  time  gives  full  faith 
and  credit  to  "the  public  acts,  records,  and  judicial 
proceedings  "  of  every  tribe,  as  well  as  legal  recognition  of 


144  INDIAN   TREATY   SYSTEM. 

all  their  customs  which  are  not  inconsistent  with  the  con 
stitution  and  the  acts  of  Congress,  might  have  before  it  a 
fertile  province  for  the  production  of  fine  spun  theories 
and  masterly  decisions. 

Thus,  the  legislative  department  is  restrained  within 
narrow  boundaries,  while  the  executive  and  judicial 
branches  presided  over  by  United  States  officers,  are  really 
the  vital  moving  forces  of  the  confederacy.  The  different 
powers  are  either  not  properly  adjusted,  or  are  out  of  propor 
tion.  They  have  riot  their  true  spheres  and  balances,  and 
the  machinery  of  such  a  government  will  not  work  with 
out  the  constant  assistance  of  some  external  agency.  The 
aid  must  come  from  Congress,  and  the  territorial  govern 
ment  in  its  movements  must  conform  to  the  demands  of 
the  United  States,  and  must  submit  to  such  amendments 
and  modifications  as  the  force  of  circumstances  may  re 
quire,  or  its  long  continued  existence  is  impossible.  Those 
modifications  will  in  the  end  change  its  entire  structure. 
Whether  the  tribes  become  civilized,  and  the  members 
thereof  are  incorporated  with  the  great  body  of  our  own 
citizens,  or  whether  they  remain  in  a  semi-barbarous  con 
dition,  a  government  so  completely  opposed  to  all  other 
forms  of  State  and  territorial  governments,  cannot  be 
maintained  and  administered  in  the  heart  of  a  future 
thickly  populated  country. 

This  confederacy  may  be  viewed  as  the  crowning  achieve 
ment  of  the  Indian  treaty  system.  Notwithstanding  the 
extremity  to  which  the  treaty  power  was  carried,  and  the 
silent  acquiescence  of  all  interested  parties  in  the  action 
taken,  the  result,  practically  considered,  is  but  a  temporary 
arrangement.  Had  not  the  usage  of  contracting  by  treaty 
been  destroyed,  the  power  might  again  have  been  called 
into  exercise  for  the  correction  of  manifest  imperfections. 
But  in  such  an  event  our  commissioners  might  have  be 
come  perplexed  in  attempting  to  decide  upon  the  particu- 


TEEATY   SYSTEM.  145 

lar  authority  which  should  be  invited  to  negotiate  with 
them.  They  might  be  at  a  loss  to  know  whether  the  confed 
eracy  possessed  the  sovereignty,  or  whether  it  still  belonged 
entirely  to  the  tribes  which  were  confederated.  The  absurd 
ity  of  entering  into  international  compacts  with  the  terri 
torial  governor — a  United  States  citizen  holding  the  office 
of  Superintendent  of  Indian  Affairs — might  solve  the  mys 
tery  in  the  commissioners'  minds,  and  quickly  lead  them 
to  the  discovery  that  the  tribes  had  never  surrendered  any 
portion  of  their  nationality.  A  readjustment  of  the 
territorial  machinery  would  then  require  a  number  of  new 
and  distinct  agreements,  equal  to  the  separate  organiza 
tions  for  which  it  was  intended,  before  the  drama  of 
Indian  self-control  under  a  united  government  could  be 
ree'n  acted. 

Fortunately,  it  is  no  longer  possible  for  the  circum 
stances  to  arise,  which  would  necessitate  such  a  proceed 
ing.  Congress  has  finally  asserted  its  right  to  conduct 
Indian  matters,  and  the  simple  contract,  made  under 
the  explicit  directions  of  that  body,  has  been  substituted 
for  the  agreement  by  treaty.  The  change  should  have 
been  made  a  quarter  of  a  century  ago  ;  but  our  courts, 
and  all  people  who  respect  constitutional  provisions,  and 
who  desire  simplicity  of  construction  and  homogeneity  in 
our  political  institutions,  should  be  rejoiced  that  it  has 
been  no  longer  delayed.  If  our  continuing  promises — 
such  as  are  to  remain  in  force  until  certain  doubtful 
events  transpire,  are  avoided — if  conditions  which  are  to 
endure  "  for  all  future  time,"  or  "as  long  as  grass  grows 
and  water  runs,"  are  no  longer  entered  into  ;  if,  in  fine, 
contracts  are  only  made  to  meet  exigencies  as  they  arise, 
our  Indian  tribes  will  begin  to  assume  their  true  relation 
ship  to  Government  and  the  confusion  of  the  past  upon 
Indian  matters  will  gradually  give  place  to  correct  under 
standing. 

7 


146  INDIAN  TKEATY   SYSTEM. 

Thus  far  in  this  chapter,  attention  has  been  invited  to 
the  frequency  with  which  the  treaty  power  has  been  called 
into  service  for  the  settlement  of  Indian  difficulties,  the 
astonishing  range  of  subjects  which  it  has  undertaken  to 
deal  with,  the  absurdity  and  apparent  illegality  of  many  of 
the  provisions,  and  the  effect  of  its  sweeping  action  in  re 
straining  judicious  congressional  legislation,  in  establish 
ing  incongruous  political  organizations,  and  in  creating 
legal  perplexities.  The  practical,  financial  results  of  the 
treaty  system,  or  the  substantial  benefits  which  the  United 
States  have  obtained  by  means  of  that  system,  have  only 
been  occasionally  referred  to.  Its  advocates  claimed  that 
it  furnished  the  best  mode  of  conducting  Indian  affairs. 
That  under  it,  the  Indians  received  humane  and  Christian 
treatment ;  that  it  was  best  calculated  to  allay  hostilities 
and  to  promote  moral  and  mental  improvement,  while  it 
cheaply  secured  the  Indian  estate  in  territory,  and  that  it 
was  therefore  most  economical  in  its  workings.  We  do 
not  propose  to  discuss  at  this  time,  the  mental,  moral,  or 
Christian  influences  which  it  exerted,  either  upon  those 
engaged  in  its  administration,  or  upon  the  Indians.  We 
know  that  it  threw  all  power  into  the  hands  of  the  Indian 
Bureau,  which  made  all  treaties,  attended  to  their  execu 
tion  and  fulfillment,  and  was  therefore,  in  a  great  degree, 
responsible  for  the  honest  performance  of  contracts  arising 
under  them.  If  they  have  been  faithfully  carried  out,  the 
Indians  must  have  received  a  sufficient  amount  of  teaching 
to  permanently  impress  the  dullest  of  natures,  and  enough 
substantial  aid  to  win  their  continued  gratitude.  Educa 
tion  and  the  spirit  of  thankfulness  have  not,  however, 
been  so  largely  developed  as  to  repress  their  savage  pas 
sions,  nor  to  cement  a  lasting  friendship.  As  a  rule,  they 
have  been  ready  to  break  off  amicable  relations  with  the 
Government,  whenever  their  strength  promised  them  a  suc 
cessful  issue  to  hostilities.  A  distinguished  bishop  of  the 


N   TREATY    SYSTEM.  147 


Episcopal  church,  who  has  labored  zealously  in  the  field  of 
Indian  missions,  and  who  has  given  considerable  study  to  the 
causes  of  border  disturbances,  publicly  asserted  a  few  years 
since,  that  Indian  wars  had  cost  us  five  hundred  millions 
of  dollars.  The  statement,  at  first  view,  appears  exagger 
ated  ;  but  a  little  reflection  drives  one  to  the  bishop's  opin 
ion.  I  could  believe,  that  fully  two-thirds  of  that  amount 
of  money  had  been  expended  during  the  last  century,  in 
conquering  by  force  of  arms,  the  tribes  which  were  rebel 
lions,  and  in  the  permanent  retention  of  troops  for  the 
express  purpose  of  intimidating  those  which  were  turbu 
lent.  During  the  first  ten  years  of  that  period,  more  than 
ten  millions  of  dollars  were  disbursed  on  account  of  ex 
peditions  on  the  northern  frontier.  The  numerous  wars 
since  waged,  have  been  attended  with  disbursements  in  like 
ratio.  The  Seminole  war  cost  some  twenty-five  millions, 
and  the  Cheyenne  war,  according  to  good  authority,  thirty 
millions  of  dollars.  The  treasury  is  yearly  called  upon  to 
liquidate  the  claims  of  the  territories  for  expenses  incurred 
in  battling  with  the  race  which  is  being  supplanted.  The 
present  Sioux  war,  far  from  being  terminated,  will  exhaust 
large  money  appropriations  ;  so  that  an  estimate  of  one 
hundred  and  fifty  millions  of  dollars,  as  the  actual  sum  paid 
out  in  conquering  peace  with  the  various  bands  and  tribes 
of  the  malicious  aborigines,  might  be  supposed  reasonable. 
The  expenses  incident  to  the  support  of  the  additional 
troops  required,  because  of  the  presence  and  attitude  of 
interior  tribes,  may  be  roughly  approximated.  The  erec 
tion  and  maintenance  of  costly  military  posts  in  territory 
roamed  over  by  the  natives,  has  been  deemed  expedient, 
in  order  to  render  secure  routes  of  communication,  and  to 
protect  the  white  inhabitants  of  the  borders.  Such  labors 
might  have  been  for  the  most  part  dispensed  with,  if  the 
country  had  not  been  occupied  by  Indians  from  whom  at 
tack  was  anticipated. 


148  INDIAN   TREATY   SYSTEM. 

If  now  from  the  total  expenditures  of  the  War  Depart 
ment,  there  be  deducted  the  cost  of  our  foreign  wars,  that 
of  the  late  rebellion,  and  that  of  our  probable  peace  estab 
lishment,  the  remainder, — had  there  not  been  in  our  midst 
an  uncivilized  population  of  doubtful  intentions, — would  be 
mostly  made  up  of  the  particular  expenditures  sought  after. 
The  disbursements  of  the  War  Department  since  the  foun 
dation  of  the  Government,  aggregate  four  thousand  mil 
lions  of  dollars  ;  of  which  amount  about  one  hundred  mil 
lions  were  paid  out  on  account  of  the  war  of  eighteen 
hundred  and  twelve  and  that  with  Mexico,  and  about  three 
thousand  millions  during  the  rebellion.  Without  these 
foreign  and  domestic  difficulties  here  mentioned,  and  with 
no  Indian  population,  the  necessary  annual  expenses  of  the 
War  Department,  for  the  first  sixteen  years  of  that  period, 
would  not  have  been  more  than  eight  hundred  thousand 
dollars,  not  more  than  three  millions  of  dollars  for  the 
succeeding  forty  years,  and  for  the  following  thirty  years, 
not  to  exceed  eight  millions  of  dollars.  The  remainder 
which  we  seek  is  therefore  upwards  of  five  hundred  mil 
lions  of  dollars. 

Such  calculations  are  however  vague  and  unsatisfactory. 
But  the  object  of  here  introducing  them  is  accomplished, 
if  the  fact  is  recognized,  that  notwithstanding  the  politic 
system  of  civil  control  which  has  been  pursued,  the  war 
expenditures  involved  in  holding  the  Indian  population  in 
check  has  been  very  burdensome  to  the  country  ;  that  the 
money  saving  resulting  from  the  humane  and  Christian 
treatment  which  the  Indians  have  received  under  the  treaty 
system,  with  all  its  elevating  influences,  and  consequent 
moral  restraints,  is  too  indefinite  to  be  appreciated.  No 
other  system  has  been  tried,  and  it  could  not  therefore  be 
shown,  that  some  other  plan  of  operation  would  not  have 
been  more  economical  in  its  financial  bearings,  but  it  is 
doubtful  if  the  enforcement  of  law,  applicable  to  the  true 


INDIAN   TREATY   SYSTEM.  149 

legal  status  of  the  tribes,  carried  out  in  letter  and  spirit, 
and  by  force  if  necessary,  would  have  been  more  exhaustive 
to  the  United  States  treasury. 

The  civil  disbursements  of  the  Government,  on  account 
of  our  Indian  population,  can  be  ascertained.  They  were 
almost  entirely  made  under  treaty  stipulations  until  the 
practice  of  subsisting  that  population  was  inaugurated. 

An  occasional  donation  by  Congress,  or  an  official  ap 
pointment  under  the  trade  and  intercourse  laws,  have  cost 
small  sums  of  money,  but  the  amounts  are  so  insignificant 
when  compared  with  the  total  expenditures,  that  they  are 
hardly  deserving  of  mention.  Those  disbursements  may 
be  stated  in  round  numbers,  at  one  hundred  and  sixty-five 
millions  of  dollars.  During  the  sixty  years  in  which  the 
Indians  were  managed  by  the  War  Department,  the  dis 
bursements  on  their  account  were  not  more  than  fifty  mil 
lions,  and  during  the  last  twenty-eight  years,  they  have 
therefore  been  one  hundred  and  fifteen  mill  ions  of  dollars. 
The  annual  average  of  appropriations  for  the  first  twenty 
years  of  the  Government's  existence,  was  about  ninety-five 
thousand  dollars  ;  and  for  the  last  twenty  years  about  four 
and  one-half  millions  of  dollars.  The  cost  of  the  entire 
service  of  the  Indian  Department  has  increased  one  hun 
dred  fold,  and  it  now  amounts  to  about  eight  hundred 
thousand  dollars  annually. 

The  United  States  are  still  largely  in  debt  to  the  Indians 
under  existing  treaties.  It  yet  requires  four  and  one-half 
millions  of  dollars  to  meet  those  stipulations  which  call  for 
definite  payments  at  expressed  dates,  while  the  annual  lia 
bilities  of  the  Government,  on  account  of  contracts  with 
the  tribes,  and  which  are  not  limited  as  regards  duration, 
exceed  one  and  one-quarter  millions  of  dollars.  Of  the 
last  stated  amount  more  than  one-third  must  be  annually 
continued  for  all  time,  but  the  yearly  payment  of  much  of 
the  remaining  portion  is  discretionary,  and  may  be  discon- 


150  ISTDIAN   TREATY   SYSTEM. 

tinned.  A  fraction  of  this  liability  is  covered  by  interest 
upon  investments  in  public  stock,  made  and  held  in  trust 
by  the  United  States  for  certain  tribes,  but  nearly  a  third 
of  the  stock  thus  held  does  not  pay  interest,  and  Congress 
is  obliged  to  make  the  same  good  by  repeated  appropria 
tions.  How  long  an  admitted  expediency  may  insist  upon 
carrying  out  the  stipulations  of  treaties  indefinite  as  to 
time,  and  what  limit  may  be  fixed  to  the  duration  of  per 
manent  annuities,  are  problems  of  too  uncertain  a  charac 
ter  for  arithmetical  calculation.  The  sum  of  money  then 
which  must  be  yet  applied  to  fully  execute  these  contracts, 
cannot  be  exactly  ascertained  ;  still  it  is  safe  to  place  it 
among  the  tens  of  millions.  This  added  to  the  one  hun 
dred  and  sixty-five  millions  already  disbursed,  would  force 
the  civil  expenditure  of  our  Government,  on  account  of  our 
Indian  population,  in  the  neighborhood  of  two  hundred 
millions  of  dollars.  What  benefits  have  been  received  for 
this  outlay  ?  We  wish  to  consider  the  question  from  a 
strictly  business  standpoint,  and  not  in  its  philanthropic 
and  Christian  aspects. 

It  might  be  suggested,  that  the  expenditure  has  re 
sulted  in  the  civilization,  to  a  certain  degree,  of  a  portion 
of  our  population ;  has  partly  prepared  it  for  labor  and 
citizenship,  and  thereby  secured  an  aid  in  the  development 
of  the  nation.  But  most  men  would  confess  that  the  total 
loss  of  this  element  at  the  present  time  would  prove  favor 
able  to  the  financial  interests  of  the  country.  Yet  this 
element  is  destined  to  remain,  for  it  cannot  be  removed  by 
any  action  which  the  law  of  nature  would  sanction,  and 
therefore,  in  so  far  as  Indian  advancement  has  been 
achieved,  the  Government  has  been  benefited. 

Another,  and  the  only  other,  recompense  or  considera 
tion  received,  is  the  possession  of  territory  of  which  the 
Indians  held  the  conceded  right  of  occupancy ;  or  rather, 
to  be  more  explicit  in  statement,  the  immediate  and  peace- 


INDIAN   TREATY   SYSTEM.  151 

able  possession  of  territory  actually  occupied  by  Indians, 
title  to  which  had  been  previously  acquired  by  conquest 
and  purchase  from  foreign  nations. 

The  money  value  of  this  acquisition  has  not  been  as 
important  as  generally  supposed. 

We  cannot  ascertain  the  extent  of  actual  Indian  occu 
pancy  at  the  various  dates  of  foreign  conquest  and  pur 
chase.  We  cannot  even  tell  the  extent  thereof  at  the  time 
of  Indian  relinquishment,  nor  compute  the  term  of  prob 
able  Indian  possession,  had  the  Indian  estate  been  al 
lowed  to  continue  free  from  outer  molestation  until  it  ex 
pired  from  tribal  causes.  We  will  proceed,  therefore,  upon 
the  supposition  that  the  Indians  held  a  perfect  title  in  the 
lands  with  which  they  parted  by  treaty,  and  also  that  they 
legally  possessed  the  entire  territorial  area  of  the  nation, 
outside  of  the  boundaries  of  the  thirteen  original  States, 
and  those  States  which  retained  their  public  land  upon 
admission  to  the  Union.  Even  upon  this  erroneous  suppo 
sition,  the  treaty  purchases  cannot  be  shown  to  have  been 
very  successful  financial  speculations. 

It  is  true,  that  the  Government  holds  an  unencum 
bered  public  domain  of  magnificent  proportions.  If  the 
statements  of  theorists,  and  indeed  of  our  public  men,  are 
to  be  regarded  as  facts,  cheapness  and  fertility  of  soil,  and 
salubrity  of  climate,  invite  the  oppressed  of  the  world  to 
there  seek  asylums,  and  establish  for  themselves  happy 
and  prosperous  homes.  Says  a  distinguished  law-maker  : 
"  No  nation  ever  held  so  rich  and  vast  an  estate  in  lands 
as  has  been,  and  now  is,  held  by  the  United  States,  and 
nowhere  have  been  found  lands  of  equal  fertility,  with 
such  a  diversity  of  soil  and  climate,  to  be  disposed  of  so 
cheaply."  Granted  for  the  present  that  the  lands  are  at 
tended  with  all  these  favorable  conditions,  while  a  brief 
examination  is  made  into  the  action  of  the  Government, 
thus  far,  in  regard  to  acquisition  and  disposition. 


152  INDIAN   TREATY   SYSTEM. 

The  area  of  the  United  States,  outside  of  the  States 
above  referred  to,  the  territory  of  Alaska  also  excepted,  is 
nearly  fifteen  hundred  millions  of  acres. 

The  tribes  still  own  one  hundred  and  sixty  millions  of 
acres,  which  is  contained  within  described  reservations. 
On  the  supposition  then,  that  the  Indians  formerly  held 
complete  and  rightful  possession,  the  United  States  have 
purchased  about  thirteen  hundred  millions  of  acres.  Of 
this  amount  some  six  hundred  millions  of  acres  have  been 
surveyed,  and  a  little  more  than  five  hundred  millions  of 
acres  have  been  disposed  of  ;  so  that  the  unencumbered  pub 
lic  domain  embraces,  at  the  present  time,  nearly  nine  hun 
dred  millions  of  acres.  Proceeding  on  the  supposition  that 
the  Indians  originally  held  perfect  title,  the  cost  of  the  land 
might  be  presented  as  follows  :  Paid  to  Indians,  one  hun 
dred  and  sixty-five  millions  of  money  ;  expense  of  survey 
ing,  of  selling  and  of  managing  the  land  which  has  been 
passed  to  private  parties,  thirty  millions  ;  amount  yet  due 
on  executory  Indian  contracts,  twenty-five  millions  of  dol 
lars  ;  total  cost,  two  hundred  and  twenty  millions  of  dol 
lars.  The  total  receipts  thus  far  obtained  from  the  sale  of 
land  is  about  two  hundred  millions  of  dollars,  or  twenty 
millions  less  than  entire  expenditures.  But  the  Govern 
ment  has  still  nearly  nine  hundred  millions  of  acres  to  dis 
pose  of.  Most  assuredly  it  has,  yet  the  present  pecuniary 
value  is  insignificant.  Time  is  required  to  convert  it  into 
currency.  Conceding  that  ten  millions  of  acres  will  be 
taken  up  annually,  and  that  the  treasury  will  yearly  re 
ceive  therefrom  four  millions  of  dollars,  (certainly  a  sup 
posed  rapid  disposition  with  most  liberal  returns  if  the  ex 
perience  of  the  past  is  to  be  a  guide  in  determining  the 
results  of  future  speculation)  what  profits  would  be  real 
ized  ?  The  expense  of  survey,  and  of  completing  sale, 
might  be  fixed  at  twenty  cents  per  acre  ;  and  the  transfer 
of  ten  millions  of  acres  would  cost  two  millions  of  dollars. 


INDIAK   TREATY   SYSTEM.  153 

The  annual  interest  of  the  twenty  millions  of  money  already 
paid  out,  would  at  six  per  cent,  be  one  million  two  hun 
dred  thousand  dollars.  The  yearly  profits  would  therefore 
amount  to  eight  hundred  thousand  dollars.  At  such  a  rate, 
twenty-five  years  would  pass,  or  the  sale  of  two  hundred 
and  fifty  millions  of  acres  would  be  consummated  before 
present  deficiencies  could  be  made  good. 

Viewing  the  entire  proceedings  which  have  been  taken 
in  the  acquisition  of  territory  from  the  Indian  tribes,  as  a 
single  contract,  one  might  admit  that  Government  had 
secured  favorable  terms  could  the  parties  withdraw  from 
all  future  relationship.  Unfortunately  the  tribes  by  ful 
fillment  on  their  part,  have  been  placed  in  conditions  which 
enable  them  to  demand  large  additional  compensation. 
They  relinquished  the  means  of  support,  in  giving  up 
tracts  of  country  and  accepting  small  reservations.  They 
were  reduced  from  a  self-sustaining  to  a  dependent  condi 
tion,  and  thus  they  will  remain  until  their  intentions, 
ideas,  and  even  natures,  undergo  a  radical  change.  Until 
that  far  distant  day,  they  will  pray  for  extra  awards  of 
money,  basing  their  claim  upon  the  demands  of  natural 
justice.  They  will  represent  that  they  bartered  their  ter 
ritory  for  money  and  government  protection  ;  that  they 
have  endeavored  to  fulfill  the  stipulations  of  the  contract, 
but  in  their  earnest  trials  to  adopt  the  habits,  and  secure 
the  necessaries  of  life,  by  following  the  pursuits  of  their 
white  brethren,  they  have  met  with  failure.  Might  not  a 
broad  interpretation  of  the  contract  entitle  them  to  relief  ? 

The  officers  of  the  Indian  Bureau,  in  those  portions  of 
their  reports  wherein  they  call  attention  to  economy  in  ad 
ministration,  and  to  the  small  consideration  promised  for 
land  purchased,  forget  to  mention  the  implied  covenants 
which  are  assumed.  The  report  of  former  Commissioner 
Harris,  rendered  in  eighteen  hundred  and  thirty-six,  occurs 
to  me  in  this  connection.  He  reports,  that  the  United 
7* 


154  INDIAN   TREATY   SYSTEM. 

States  had,  within  eight  years,  acquired  title  to  more  than 
ninety-three  millions  of  acres  of  land,  and  had  stipulated 
to  give  therefor  twenty-seven  millions  of  dollars,  and 
thirty-two  million  acres  of  land.  He  looks  upon  those 
transactions  as  financial  successes,  while  they  were  at  the 
same  time  characterized  by  great  liberality  on  the  part  of 
the  Government ;  for,  as  he  says,  during  the  early  days, 
only  from  ten  to  thirty  cents  per  acre  was  allowed,  where 
as  the  price  had  risen  to  seventy-two  cents  per  acre.  He 
did  not  attempt  an  estimate,  nor  even  mention  in  any  way 
the  liabilities  which  the  Government  had  incurred,  by 
stripping  the  Indians  of  their  hunting  grounds,  and  im- 
pliedly  promising  them  food  and  raiment  until  they  be- 
,came  civilized,  or  at  least  able  to  maintain  themselves  by 
growing  the  products  of  the  soil.  The  actual  purchase 
money  for  the  four  hundred  and  twenty  millions  of  acres 
of  land,  transferred  by  the  tribes  during  the  first  fifty 
years  of  the  Government  existence,  is  not  yet  paid,  and  it 
may  still  require  fifty  years  to  exhaust  the  Indian  claim. 
This  view  may  be  erroneous,  but  it  is  obtained  from  the 
consideration  of  those  official  reports,  in  which  we  are 
taught  that  the  public  domain  is  being  cleared  of  encum 
brances  at  a  trifling  expense,  taken  in  connection  with 
those  yearly  public  statements,  made  when  large  appropria 
tions  are  sought,  from  which  we  learn  that  almost  the 
entire  amounts  asked  for  are  due  to  the  Indians,  and  can 
not  in  any  sense  be  deemed  charity.  That  they  are  due  to 
the  Indians,  in  "  consideration  of  their  relinquishment  to 
the  Government  of  the  United  States,  of  large  tracts  of 
country  which  they  formerly  occupied." 

But  we  may  be  reminded  that  the  ideas  advanced  in 
regard  to  the  value  of  the  public  domain  are  exceedingly 
narrow  ;  that  its  worth  cannot  be  measured  by  its  market 
price  ;  that  cash  receipts  are  of  slight  importance,  com 
pared  with  the  benefits  derived  from  the  various  uses  to 


TREATY   SYSTEM.  155 

which  it  has,  and  is  being  applied,  the  inducements  for 
national  growth  which  it  offers,  and  the  promise  of  future 
national  greatness  which  it  insures.  Limited  only  by 
great  acres  of  the  earth's  surface,  it  is  of  sufficient  dimen 
sions,  notwithstanding  its  waste  and  desert  places,  to  sus 
tain  the  increase  of  population  for  centuries.  There 
beneficent  laws  grant  free  homes  to  the  poor  and  indus 
trious,  thereby  inviting  large  immigration.  It  enables 
Government  to  foster  magnificent  enterprises,  and  to  assist 
the  cause  of  general  education.  The  land  now  sold  for 
cash,  is  but  one-tenth  of  the  amount  actually  transferred. 
The  cash  sales  are  to  the  homestead  entries  as  one  to  four, 
and  to  the  gifts  in  aid  of  schools  and  colleges,  as  one 
to  three. 

This  comprehensive  opinion  of  value  is  willingly  ac 
cepted.  In  confining  attention  to  actual  cost  and  market 
rates,  the  subject  was  brought  within  the  argument  of 
those  who  proceed  upon  the  hypothesis,  that  the  Indian 
tribes  held  legal  possession  of  this  vast  area  of  country, 
and  who  thereupon  attempt  to  show  that  by  judicious 
purchase  under  treaty,  they  were  cheaply  obtaining  the 
land  required  for  settlement,  and  that  the  nation  was 
constantly  reaping  pecuniary  successes  from  their  sagacity 
and  labors. 

Admitting  the  priceless  value  of  the  public  domain, 
the  supposition  that  any  considerable  interest  therein  was 
ever  secured  from  the  Indians  is  pronounced  untenable. 
Whatever  speculations  as  to  abstract  rights  moralists  may 
indulge  in,  it  cannot  be  denied  that  the  whole  country  was 
bought  by  the  blood  and  treasure  of  our  ancestors  from 
foreign  governments.  Indian  treaties  gave  us  nothing 
except  the  right  of  immediate  possession  to  those  sections 
of  territory  which  the  tribes  legally  occupied.  The  extent 
of  such  occupancy  has  never  been  determined.  If  the 
tribes  sold  more  than  they  held  by  virtue  of  the  occupants' 


156  INDIAN   TREATY   SYSTEM. 

claim,  the  treaty  commissioners  purchased  that  which 
already  belonged  to  the  United  States.  That  they  did  so 
is  very  probable,  even  if  they  purchased  the  possession  of 
one-half  of  our  former  public  domain  ;  for  the  idea  that 
three  hundred  thousand  Indians  could  legally  possess  eight 
hundred  millions  of  acres  would  hardly  be  indulged  in  by 
the  most  benevolent  of  minds.  As  before  intimated,  the 
pecuniary  value  of  this  actual  interest  in  possession  cannot 
be  measured,  but  it  was  insignificant  in  comparison  with 
the  great  reversionary  interest  which  a  short  period  of 
time  would  have  brought  into  being,  whatever  might  have 
been  the  nature  of  the  policy  pursued  towards  the  Indian 
race.  The  treaty  power  paid  well  for  the  Indian  right 
and  at  the  same  time  built  up  a  political  relation  between 
the  Government  and  the  tribes  which  has  proved  expensive 
and  unfortunate.  We  believe  therefore,  that  in  the  inter 
est  of  economy  the  treaty  system  has  not  proved  a  success. 
The  assertion  will  appear  more  convincing  when  its  effects 
upon  the  tribes  are  considered. 


CHAPTER  V. 

INDIAN  TREATY  SYSTEM. 

IK  the  preceding  chapter,  the  result  of  action  under 
the  treaty  system,  as  it  affected  the  government,  was  chiefly 
considered.  Little  was  said  of  its  effect  upon  the  tribes. 

An  attempt  to  discuss  this  aspect  of  the  subject  neces 
sarily  opens  a  broad  speculative  field  ;  for  since  no  other 
system  of  control  has  been  resorted  to,  we  cannot  furnish 
proof  to  show  that  a  different  method  of  treatment  would 
have  been  more  satisfactory.  The  difficulty  which  pre 
sented  itself  when  seeking  the  errors  of  Government  under 
the  system,  still  attends  us.  The  assertion  that  the  tribes 
x  might  have  been  more  rapidly  advanced  in  civilized  life, 
\nd  controlled  at  less  expense,  had  their  proper  political 
stvtus  as  a  portion 'of  our  dependent  population  been  im- 
posod  upon  them,  is  again  met  by  the  answer,  that  the 
treaW  system  was  wise  and  humane,  and  has  proved  suc 
cessful. 

Even  the  best  of  our  public  men,  who  confess  disap 
pointment  that  our  Indian  policy  has  not  produced  more 
happy  results,  are  apt  to  attribute  failure  to  the  improper 
manner  in  which  it  has  been  carried  out,  and  not  to  its 
radical  defects.  Criticism  might  therefore  in  many  instan 
ces  be  acknowledged  as  just,  while  suggestions  as  to  an 
entirely  different  mode  of  procedure  would  be  rejected. 
Hence,  it  is  much  easier  to  point  out  the  errors  of  the 
treaty  system,  as  applicable  to  the  tribes,  than  to  advocate 
a  course  of  action  towards  the  Indians  which  is  directly 
antagonistic  to  former  practices. 


158  IKDIAtf   TREATY   SYSTEM. 

In  the  preceding  chapter,  we  endeavored  to  expose  some 
of  the  serious  evils  which  have  been  entailed  upon  Govern 
ment,  because  of  the  recognition  of  the  tribes  as  nations 
vested  with  treaty  rights.  We  tried  to  show  that  those 
evils  would  have  been  avoided,  had  the  tribes  been  placed 
under  congressional  dictation.  We  shall  now  attempt  to 
make  it  appear,  that  the  greatest  good  of  the  tribes  de 
manded  from  the  first,  their  entire  subjection  to  legislative 
control,  and  consequently  has  not  been  promoted  by  their 
treaty  privileges. 

The  proposition  conducts  us  to  ground  as  yet  untrodden. 
Thus  far  in  the  discussion,  we  have  remarked  upon  the 
rise  and  growth  of  the  treaty  system,  have  spoken  of  its 
adoption  by  the  present  Government,  and  referred  in  brief 
to  the  law  by  which  it  has  been  upheld.  Now  we  shall 
endeavor  to  maintain,  that  error  was  committed  in  con 
sidering  the  tribes  as  independent  communities  in  any  par 
ticular  whatever,  and  that  they  have  not  been  benefited 
by  the  course  of  action  which  has  been  pursued. 

The  new  domain  which  we  are  obliged  to  enter  teems 
with  speculations  upon  abstract  rights.  The  wisdom  of 
our  fathers,  who  placed  upon  record  the  opinion  that  the 
Indians  were  entitled  to  self  political  control,  and  legally 
held  possession  of  all  that  vast  territory  over  which  they 
roamed,  will  be  questioned.  This  is  an  unfilial,  and  ac 
cording  to  the  old  Roman  teachings  would  be  almost  a 
sacrilegious,  undertaking.  It  is  also  a  presumptuous  task, 
since  their  recorded  verdict,  embodied  in  the  constitution 
of  the  United  States,  as  the  earlier  decisions  of  the  supreme 
court  give  us  to  understand,  was  presumedly  based  upon 
their  interpretation  of  natural,  or  positive  law,  as  well  as 
upon  their  judgment  in  regard  to  expediency.  If  the  law 
of  nature  awarded  to  the  tribes  the  powers  of  independent 
nations,  that  verdict  rested  in  justice,  and  was  therefore 
correct ;  for  a  constitutional  provision  or  enactment  of 


INDIAN  TREATY   SYSTEM.  159 

any  kind  which  is  not  in  harmony  with  that  law,  is  clearly 
wrong.  If  that  law  conferred  upon  the  tribes  national  at 
tributes  and  gave  them  title  to  American  territory,  such 
recognition  by  our  Government  was  right,  notwithstanding 
the  claims  of  expediency. 

Unless  then,  it  can  be  made  apparent,,  that  positive  law 
did  not  compel  the  establishment  of  the  political  relation 
which  has  so  long  continued  between  the  Government  and 
the  Indian  tribes,  there  is  no  foundation  for  an  assertion, 
that  our  ancestors  did  wrong  in  acknowledging  the  national 
independence  of  the  latter,  whatever  may  be  the  teachings 
of  a  century's  experience. 

We  propose  here  to  take  but  a  single  step  in  advance  of 
the  position  assumed  in  the  third  chapter,  wherein  we 
remarked  upon  the  legality  of  the  congressional  act  which 
took  from  the  treaty-making  power  control  of  the  native 
population.  There  we  affirmed  that  the  special  circum 
stances  which  decided  action  at  the  time  the  Government 
was  organized,  had  become  so  changed  as  to  render  con 
stitutional  provisions  inoperative ,  that  the  Indians  had 
given  up,  or  bartered  away,  all  the  national  prerogatives 
which  they  ever  possessed,  and  should  be  recognized  as 
communities  subject  to  the  dictation  of  Congress.  Now 
we  contend,  that  even  at  the  time  when  those  provisions 
were  adopted,  the  tribes  were  in  no  sense  independent 
sovereignties,  as  judged  by  the  law  of  nature  or  nations, 
and  that  all  opinion  to  the  contrary  is  founded  upon  an 
erroneous  appreciation  of  the  special  circumstances  which 
then  existed. 

The  proposition  does  not  therefore  imply  that  the 
framers  of  the  constitution  were  wanting  in  theoretical 
knowledge  of  positive  political  rights.  They  studied  more 
deeply  the  subject  of  civil  liberty,  and  the  science  of  gov 
ernment,  than  the  statesmen  of  the  present  day.  They 
sought  more  earnestly  the  ultimate  sources  of  political 


160  INDIAN   TREATY   SYSTEM. 

power,  than  any  class  of  men  of  any  other  age.  The  prac 
tical  training  which  they  received  in  that  severe  contest, 
wherein  they  struggled  for  the  success  of  principles, 
founded,  as  they  claimed,  upon  the  law  of  nature,  fitted 
them  to  ably  expound  that  law,  and  to  render  righteous 
judgments.  But  they  might  have  been  deceived  in  regard 
to  the  particular  circumstances  upon  which  they  were 
called  to  administer,  and  have  therefore  made  mistaken 
decisions,  although  they  did  not  entertain  any  misconcep 
tions  of  the  law  intended  to  be  realized.  This  is  all  that 
our  proposition  contains.  They  were  wrong  in  their 
opinions  of  the  strength,  importance,  and  organization  of 
the  tribes,  and  of  the  condition,  ability,  and  characteristics 
of  the  Indians. 

Besides,  theirs  was  a  time  when  right  was  contending 
against  established  power,  and  when  many  advocates  of 
the  former,  strengthening  their  opinions  by  every  plausi 
ble  argument,  were  liable  to  embrace  extreme  political 
views.  It  was  a  time  when  the  interests  of  the  Indians 
would  be  most  sure  to  receive  recognition,  and  to  be  most 
strictly  guarded.  It  was  a  time  when  the  cause  of  the  red 
man  was  eloquently  supported  at  home  and  abroad,  and 
especially  so  by  Frenchmen,  although  their  own  nation 
was  shortly  to  engage  in  the  sale,  purchase,  and  exchange 
of  populous  civilized  provinces,  regarding  them  merely  as 
commodities  of  trade.  The  reply  of  Jefferson  contains  an 
expression  of  the  better  sentiment  of  the  American  people  : 
"  It  may  be  regarded  as  certain,  that  not  a  foot  of  land 
will  be  taken  from  the  Indians  without  their  own  consent. 
The  sacredness  of  their  rights  is  felt  by  all  thinking  per 
sons  in  America,  as  much  as  in  Europe." 

Stripped  of  sentiment,  the  facts  which  are  now  known 
to  have  then  existed,  may  be  plainly  stated  as  follows  : 
The  European  claims  of  property  to,  and  within,  a  large 
territory,  had  been  acquired  by  the  United  States.  All 


INDIAN  TREATY   SYSTEM.  161 

title  and  interest  therein  vested  in  the  people  of  those 
States,  and  by  the  rules  governing  the  actions  of  nations  of 
the  civilized  world,  they  could  manage  or  dispose  of  it  as 
they  pleased.  Over  that  extended  country  roamed  a  few 
barbarians,  numbering  less  than  two  hundred  thousand, 
who  were  unconditionally  transferred  with  the  soil.  They 
were  separated  into  many  clans,  which  were  determined 
by  consanguineous  relationship,  and  maintained  for  per 
sonal  security.  Confederations  of  bands  were  sometimes 
found — the  bond  still  consisting  in  relationship,  as  indi 
cated  by  identical  stock  language,  and  the  object  being  war 
or  defence  against  savage  enemies.  Their  rude  societies 
were  governed  by  no  law,  except  that  of  retaliation,  which 
was  interpreted  and  executed  only  by  the  individual  who 
considered  himself  aggrieved.  They  did  not  have  the  re 
motest  idea  of  the  law  of  real  property.  With  no  permanent 
abodes,  their  wanderings  were  limited  by  the  range  of  the 
wild  game  on  which  they,  for  the  most  part,  subsisted,  by 
choice  of  climate,  by  inclination  for  particular  features  of 
country,  and  by  fear  of  encounters  with  hostile  tribes.  They 
had  no  political  organizations,  in  the  modern  acceptation  of 
that  term.  In  peace,  they  were  not  subject  to  any  legalized 
authority,  for  none  was  placed  over  them.  In  war,  they 
united  under  a  leader  from  desire  and  not  from  compulsion. 
Their  rude  councils  never  considered  questions  of  tribal 
management,  but  fixed  upon  and  declared  purposes  for 
the  ruin  and  distress  of  surrounding  bands.  The  only 
object  of  inter-tribal  assemblies  was  the  purchase  of  peace, 
or  the  formation  of  combinations  for  war.  Their  occupa 
tion  was  destruction,  and  such  seemed  to  be  their  mission 
— destruction  of  man  and  beast  and  indeed  of  everything 
in  nature. 

This  brief  description  is  true  of  the  majority  of  the 
Indian  population,  when  transferred  by  Europe.  There 
were  tribes  which  had  long  lived  in  proximity  to  the  white 


162  INDIAN   TREATY   SYSTEM. 

man,  had  learned  from  him  the  benefits  of  settlement,  and 
had  adopted  many  of  his  habits.  This  individual  advance 
ment  improved  the  tribal  structures,  but  they  were  still  of 
too  primitive  a  mould  to  display  the  rudiments  of  simple 
government. 

As  opposed  to  the  above  estimate  of  Indian  characteris 
tics  and  condition,  let  us  set  out  the  opinions  of  an  earlier 
period  :  "  When  wild  in  woods  the  noble  savage  ran,"  when 
his  mental  ability,  his  superstitious  beliefs,  his  domestic 
and  social  life,  and,  if  we  may  so  speak,  his  national  pecu 
liarities,  furnished  perplexing  riddles  which  were  generally 
solved  to  his  advantage ;  when  his  ancestors  were  sought 
among  the  lost  tribes  of  Israel,  or  with  those  Carthagenians 
supposed  to  have  been  separated  from  Hanno's  fleet  during 
his  periplus.  We  will  not  however,  quote  the  extravagant 
conceits  of  that  day,  but  further  present  the  mature  conclu 
sions  of  Jefferson.  He  says  :  "  It  is  in  North  America  that 
we  are  to  seek  the  original  character  of  the  Indian;  and 
I  am  safe  in  affirming,  that  the  proofs  of  genius  given  by 
the  Indians  of  North  America  place  them  on  a  level  with 
whites  in  the  same  uncultivated  state.  *  *  *  I  believe 
the  Indian  then  to  be,  in  body  and  mind,  equal  to  the 
white  man.  I  have  supposed  the  black  man,  in  his  pres 
ent  state,  might  not  be  so,  but  it  would  be  hazardous  to 
affirm  that,  equally  cultivated  for  a  few  generations,  he 
would  not  become  so." 

To  say  the  least,  this  comparison  between  the  red  and 
black  man,  is  unfair.  The  former  Seminole  negro  slaves 
are  far  in  advance  of  their  old  masters.  Experience  proves 
that  the  African  excels  the  Indian  in  aptitude  to  conform 
to  our  customs,  and  in  ability  to  receive  our  instructions. 
The  supposition  that  the  Indians  and  the  whites  would  be 
equal,  if  in  the  same  uncultivated  state,  is  doubtless  true, 
but  place  the  white  man  in  that  supposed  condition,  and 
he  becomes  an  Indian,  with  all  the  latter's  superstitions  and 


TREATY   SYSTEM.  163 

wicked  propensities,  and  would  be  equally  averse  to  the 
teachings  of  the  civilization  of  the  whites.  The  two  are 
radically  different  by  nature,  and  would,  if  left  to  them 
selves,  pursue  divergent  paths. 

Yet,  the  above  cited  convictions  of  Mr.  Jefferson  are 
moderate,  as  compared  with  the  opinions  of  many  of  his 
contemporaries.  The  Indian,  the  untutored  child  of  the 
forest,  the  subject  of  absurdly  imaginative  contemplation, 
was  the  psychological  enigma  of  the  New  World.  Edu 
cated  by  nature,  he  must  naturally  have  been  governed  by 
noble  impulses.  His  cunning  cruelties  might  be  attributed 
to  natural  revenge  for  wrongs  inflicted  upon  him,  but 
treated  with  kindness  and  moderation,  and  allowed  full 
freedom  of  action,  he  would  cheerfully  welcome  his  white 
brother,  and  gaining  from  him  new  ideas  of  life  and  duty, 
would  soon  develop  into  an  intelligent  and  conscientious 
member  of  society. 

No  less  erroneous  were  impressions  regarding  the  num 
ber  and  strength  of  the  tribes,  as  has  already  been  shown, 
of  the  quantity  of  territory  which  they  actually  occupied, 
and  the  constitution  of  the  tribal  authority  under  which 
they  had  gathered.  Such  impressions  gave  rise  to  what 
would  now  appear  unreasonable  assumptions.  It  is  not 
fifty  years  since  the  United  States  Senate  was  addressed  as 
follows  :  "  I  insist,  that  by  immemorial  possession  as  the 
original  tenants  of  the  soil,  they  hold  a  title  beyond  and 
superior  to  the  British  crown  and  her  colonies,  and  to  all 
adverse  pretensions  of  our  confederation  and  subsequent 
union.  God,  in  his  providence,  planted  these  tribes  on 
this  Western  continent,  so  far  as  we  know,  before  Great 
Britain  herself  had  a  political  existence.  However  mere 
human  policy,  or  the  law  of  power,  or  the  tyrant's  plea  of 
expediency,  may  have  found  it  convenient,  at  any  or  in 
all  times,  to  recede  from  the  unchangeable  principles  of 
eternal  justice,  no  argument  can  shake  the  political  maxim, 


164  INDIAN"   TREATY   SYSTEM. 

that  where  the  Indian  always  has  been,  he  enjoys  an  abso 
lute  right  still  to  be,  in  the  free  exercise  of  his  own  modes 
of  thought,  government  and  conduct." 

Such  sentiments,  stand  in  direct  opposition  to  those 
which  are  now  announced  in  the  Senate  :  "  There  is  no 
law  of  nations,  no  law  of  morality,  no  law  of  religion,  that 
gives  the  Indian  title  to  one-half  of  this  country,"  exclaims 
one  of  our  leading  jurists,  and  he  is  assisted  by  a  member 
who  thus  interprets  divine  economy  :  "  God  gave  the  earth 
to  nourish  man,  and  He  never  intended  that  a  few  barbar 
ous  wretches  should-possess  a  great  extent  of  territory." 

The  application  of  law  to  circumstances  as  formerly 
understood  might  consistently  result  in  decisions  impossi 
ble  to  be  reached  upon  actual  facts.  Distinguished  schol 
ars,  however,  who  made  the  science  of  positive  law  a  life 
study,  and  who  construed  the  law  of  nature  as  applicable 
to  the  Indian  tribes  in  their  relation  to  civilized  nations, 
did  not  maintain  as  extreme  views  as  many  of  our  former 
statesmen.  Vattel  says  :  "  The  whole  earth  is  appointed 
for  the  nourishment  of  its  inhabitants  ;  but  it  would  be 
incapable  of  doing  so  was  it  uncultivated.  Those  people 
like  the  ancient  Germans  and  modern  Tartars,  who  having 
fertile  countries  disdain  to  cultivate  the  earth,  and  choose 
rather  to  live  by  rapine,  are  wanting  to  themselves, 
and  deserve  to  be  exterminated  as  savage  and  pernicious 
beasts.  *  *  *  Though  the  conquest  of  the  uncivil 
ized  empires  of  Peru  and  Mexico  was  a  notorious  usurpa 
tion,  the  establishment  of  many  colonies  on  the  Continent 
of  North  America,  may,  on  their  confining  themselves 
within  just  bounds,  be  extremely  lawful." 

This  doctrine  is  concurred  in  by  our  own  lawyers,  and 
Justice  McLean  of  the  Supreme  Bench  enlarged  upon  it, 
while  insisting  upon  the  legality  and  binding  force  of 
Indian  treaties.  We  quote  from  his  decision :  "  The 
abstract  right  of  every  section  of  the  human  race  to  a 


INDIAN   TREATY   SYSTEM.  165 

reasonable  portion  of  the  soil  by  which  to  acquire  the 
means  of  subsistence,  cannot  be  controverted  ;  and  it  is 
equally  clear  that  the  range  of  nations  or  tribes  which 
exist  in  the  hunter's  state  may  be  restricted  within  reasona 
ble  limits. 

"  The  law  of  nature  which  is  paramount  to  all  other  laws 
gives  the  right  to  every  nation  to  the  enjoyment  of  a  rea 
sonable  extent  of  country,  so  as  to  derive  the  means  of  sub 
sistence  from  the  soil.  Our  ancestors  might  have  taken 
possession  of  a  limited  extent  of  the  domain,  had  they  been 
sufficiently  powerful,  without  negotiation  or  purchase  from 
the  native  Indians." 

The  meaning  to  be  derived  from  these  expressions,  is, 
that  the  Europeans  had  a  perfect  right  under  the  law  of 
nature,  to  appropriate  to  their  own  use  all  the  land  needed 
for  actual  settlement.  The  inference  might  also  be  drawn, 
that  as  land  was  subsequently  required  on  account  of  in 
creased  population,  the  same  might  be  forcibly  seized,  and 
without  attempt  at  negotiation,  provided  sufficient  was 
left  remaining  to  the  native  race,  from  which  to  obtain 
subsistence  by  cultivation. 

These  opinions  have  not,  it  is  true,  any  weight  except 
as  they  influence  other  minds.  They  are  not  spoken  ex- 
cathedra,  and  in  so  far  as  they  appear  in  decisions,  are 
obiter  dicta.  Unfortunately,  the  designs  of  Providence 
are  only  known  to  us  as  the  wishes  of  the  highest  excel 
lence  of  which  we  are  able  to  conceive.  They  are  subject 
to  as  many  different  interpretations  as  there  are  diversi 
fied  types  in  the  wide  range  of  human  convictions.  But 
the  legal  profession  should  base  its  conclusions  upon  its 
knowledge  of  facts.  The  enthusiast  is  apt  to  first  ascer 
tain  convictions  upon  an  imagined  existence  of  circumstan 
ces,  and  then  force  the  facts  to  support  those  convictions. 
He  finds  upon  a  matter  of  belief  a  conclusion  of  law.  He 
finds  as  matter  of  belief,  that  "  God,  in  his  providence, 


166  INDIAN   TREATY    SYSTEM. 

planted  the  tribes  on  the  Western  Continent,"  and  gave 
them  liberty  to  follow  their  inclinations,  us  regards  habits 
of  life,  and  then  announces  as  a  political  maxim,  that, 
where  God  placed  them,  they  "  have  an  absolute  right  still 
to  be,  in  the  free  exercise  of  their  own  modes  of  thought, 
government  and  conduct."  The  legal  profession  would 
first  determine,  as  far  as  possible,  the  facts  actually  exist 
ing.  It  would  perceive  a  people,  seeking  territory  from 
which  to  derive  support  by  tillage  ;  a  people  desiring  to 
expend  labor  in  the  production  of  articles  for  consumption 
necessary  for  the  maintenance  of  mankind,  and  demand 
ing  land  for  that  purpose.  It  would  perceive  on  this 
Western  Continent,  a  great  extent  of  waste  and  fertile 
country  which  might  be  made  available,  roamed  over  and 
claimed  by  insignificant  bands  of  barbarians,  and  serving 
no  purpose  except  to  nourish  the  game  which  fed  the  idle, 
destructive  and  depraved  representatives  of  humanity  who 
constituted  its  sole  inhabitants.  Upon  these  facts  it  would 
seek  to  apply  the  law  of  natural  right.  That  God,  in  his 
providence,  had  placed  the  Indians  here  with  the  intention 
that  they  should  be  unmolested  to  follow  their  heathen 
practices,  notwithstanding  the  needs  of  civilized  communi 
ties,  would  be  considered  unsound  doctrine.  It  would  not 
be  amiss  to  presume  that  most  persons,  having  a  fair  ap 
preciation  of  morals,  would  upon  such  a  presentation  of 
facts,  be  convinced  that  the  claim  of  the  Indian  should  in 
justice  give  way  to  the  demands  of  the  crowded  population 
of  the  old  world. 

Again,  the  Christian  philanthropist  is  liable  to  fix  un 
changeable  rules,  by  which  to  measure  virtuous  personal 
action,  and  does  not  properly  weigh  extraneous  circum 
stances.  His  code  is  simple  and  severe  when  applied  to 
himself,  but  of  great  latitude  when  it  concerns  others. 
Whereas,  a  more  practical  and  less  conscientious  mind, 
giving  little  reflection  to  the  correctness  of  motive,  finds 


TREATY   SYSTEM.  167 

in  outward  circumstances  an  excuse  for  proceedings.  The 
former  might  determine  at  once,  that  he  would  not  be 
justified  in  taking  possession  of  property  not  clearly  his 
own  by  express  law,  whatever  might  be  his  wants,  while 
the  latter  would,  before  coming  to  any  decision,  pass  upon 
the  merits  of  all  adverse  claims.  These  different  modes  of 
determining  consistent  conduct,  employed  to  ascertain  the 
equities  presented  in  this  question  of  American  territory, 
would  produce  opposite  conclusions.  The  one  would  sup 
port  the  native  race  in  all  the  ridiculous  pretensions  which 
have  ever  been  raised  in  its  behalf,  while  the  other,  view 
ing  the  Indian  "  as  a  savage  and  pernicious  beast,"  would 
award  the  country  over  which  he  wanders  to  those  who 
require  it  for  use  and  occupation,  and  condemn  him  to  ex 
termination  in  case  of  resistance.  Representatives  of  either 
theory  may  be  found  to-day  in  large  numbers.  The  In 
dian's  advocates  and  staunchest  friends  dwell  generally  in 
the  eastern  States ;  his  would-be  executioners  are  his 
neighbors.  If  the  accusation  of  bias  because  of  self-inter 
est  is  brought  against  the  latter  class,  it  should  be  ad 
mitted  that  its  estimate  of  Indian  character,  however 
erroneous  it  may  be,  is  formed  from  practical  experience. 

But  neither  of  the  above  mentioned  conclusions  would 
be  just.  A  rule  of  individual  action,  though  unobjectiona 
ble  in  its  proper  sphere,  is  not  always  to  the  purpose  if 
called  into  use  to  guide  the  movements  and  transactions 
of  great  communities.  The  continued  practice  on  the 
part  of  a  nation,  of  those  virtues  of  private  life,  such  as 
mildness,  charity,  denial,  and  uncomplaining  suffering 
under  insult  and  wrong,  would  prove  disastrous.  The  law 
of  protection  and  preservation,  the  exigencies  of  moral  and 
physical  development,  the  maxim  that  the  greatest  good 
for  the  greatest  number  is  to  be  sought,  must  all  be  taken 
into  consideration  and  allowed  weight,  in  the  settlement 
of  questions  of  abstract  national  right.  Nor  can  any 


168  INDIAN   TREATY   SYSTEM. 

people  ignore  the  claims  of  those  holding  interests  antag 
onistic  to  its  own.  All  classes  of  men  have  rights  and 
immunities.  Because  they  do  not  make  the  best  use  of 
property  in  possession,  is  not,  of  itself,  a  reason  why  it 
should  be  taken  from  them.  Although  the  law  of  nature 
both  commands  and  condemns,  a  nation  is  only  bound  by  its 
directions,  and  is  not  called  upon  to  inflict  its  penalties. 
It  is  a  law  which  executes  itself.  If  it  condemns  the 
Indian,  as  undoubtedly  it  does, — a  truth  which  is  seldom 
remembered  by  the  admirers  of  this  simple  child  of  nature 
— it  still  compels  the  white  man  to  extend  to  him  kind 
and  humane  treatment.  The  sentence  which  it  pro 
nounces  against  him,  and  which  is  and  has  been  for  a 
long  time  in  process  of  fulfillment,  cannot  be  mistaken. 
No  pardon  will  be  granted  until  his  uplifted  hand  raised 
against  all  mankind  is  stayed,  nor  until  he  ceases  his  wan 
derings  and  betakes  himself  to  those  peaceful  pursuits 
which  Providence  directs  him  to  follow.  We  may  be  the 
instruments  employed  to  enforce  this  sentence,  but  we 
cannot  assume  that  he  has  forfeited  by  his  conduct  all 
claims  to  consideration,  and  thereupon  ignore  or  forcibly 
wrest  from  him  his  inheritance,  although  we  wish  to  devote 
it  to  laudable  purposes. 

Conceding  that  certain  abstract  rights  belonged  to  the 
Indians,  which  the  United  States  were  bound  by  the  law 
of  nature  to  respect,  it  is  well  to  ask  concerning  the  quality 
of  the  same,  whether  individual  or  national,  and  to  ascer 
tain  the  extent  to  which  the  presumption  that  they  were 
of  a  national  character  has  been  carried  in  legislation. 
The  answers  to  these  inquiries,  could  they  be  obtained, 
would  make  it  appear  whether  the  legal  recognition 
granted  by  Government,  has  been  in  accordance  with 
justice  and  consistency  as  determined  by  the  dictates  of 
conscience  or  an  approved  code  of  morals. 

Excluding  all  arguments  of  expediency,  we  maintain 


INDIAN  TREATY  SYSTEM.  169 

that  if  the  tribes  were  entitled  to  be  recognized  as  nations 
or  independent  sovereignties  in  any  degree,  they  should 
have  been  so  recognized  in  all  particulars,  and  were  en 
titled  to  all  the  rights  and  privileges  which  are  incident  to 
those  conditions  ;  since,  as  far  as  the  Government  was 
concerned,  they  had  never  been  abridged  by  the  voluntary 
act  or  permission  of  the  tribes ;  that  those  rights  and 
privileges  were,  in  violation  of  the  law  of  nations  and  of 
nature,  greatly  curtailed  by  the  Government  when  the 
political  status  of  the  Indians  was  fixed.  We  also  contend 
that  if  the  tribes  only  possessed  those  rights  which  pertain 
to  individuals  or  dependent  communities,  they  should  not 
have  been  recognized  in  any  sense  as  national  powers,  and 
that  by  such  recognition  on  the  part  of  the  Government, 
they  became  vested  with  property  to  which  they  could  not 
otherwise  have  set  up  a  valid  claim. 

The  propositions  briefly  stated  are  these  : — If  the  tribes 
were  nations,  their  rights  were  wrongfully  withheld  ;  and 
if  not,  they  have  been  treated  with  a  liberality  beyond  all 
reasonable  expectation.  As  nations,  each  had  a  basis 
upon  which  to  rest  a  legal  title  to  all  territory  contained 
within  such  boundaries  as  the  tacit  consent  or  sufferance 
of  surrounding  tribes  had  permitted  to  be  established  as 
the  rightful  limits  of  tribal  occupancy,  or  such  as  has 
been  maintained  by  long  continued  force.  As  nations, 
they  owned  this  territory  absolutely,  and  had  the  authority, 
unless  they  had  voluntarily  parted  therewith,  to  convey 
the  unconditional,  unqualified  fee  to  whomsoever  they 
wished.  As  nations,  they  had  the  right,  in  case  they  had 
not  given  it  up  by  stipulation,  to  hold  intercourse  and 
negotiations  with  all  foreign  powers,  and  could  also  deter 
mine  by  what  provisions  they  would  continue  relations  with 
the  United  States. 

The  latter  thus  recognized  them  :  As  nations,  holding 
national  domains,  with  power  to  dispose  of  them  carefully 
8 


170  INDIAN  TREATY  SYSTEM. 

restricted  by  its  own  unauthorized  act ;  as  nations,  capable 
of  contracting  international  obligations,  but  with  ability  to 
treat,  trade,  and  hold  intercourse  only  with  other  Indian 
tribes,  and  with  the  United  States. 

If  nations,  how,  by  any  known  law  of  nations,  could 
they  be  thus  fettered,  without  their  cooperation  or  con 
sent  ?  The  argument  that  such  were  the  conditions  im 
posed  by  Great  Britain,  and  could  be  continued,  is  not 
valid.  If  that  power  placed  them  in  an  unnatural  condi 
tion,  we  had  no  right  to  prolong  it.  The  law  of  nature 
does  not  legalize  a  wrong,  by  any  statute  of  limitations.  The 
United  States  could  not  substitute  itself  for  Great  Britain, 
and  thereby  become  a  party  to  the  treaties  which  the 
latter  had  entered  into  with  the  tribes.  And  even  if  that 
act  could  be  accomplished  at  the  will  of  the  former,  the 
non-treaty  tribes  were  not  bound  by  any  obligations  to 
accept  the  position  assigned  them,  which  was  that  of  de 
pendent  nations. 

If  the  Indians  did  not  possess  rights  of  a  national  char 
acter,  they  had  only  those  which  belong  to  the  individual. 
The  fact  that  they  dwelt  in  assemblages,  that  they  had 
gathered  themselves  into  bands  or  communities,  did  not 
enhance  or  increase  their  rights,  except  with  the  societies 
in  which  they  had  cast  their  lot.  With  those,  to  be  sure, 
membership  created  a  relationship,  from  which  sprang 
mutual  duties  and  privileges ;  but  it  could  not  confer  a 
status  cognizable  by  any  known  system  of  international 
law.  Their  rights  then,  if  not  national,  were,  in  so  far  as 
this  Government  is  concerned,  those  pertaining  to  the  per 
son  ;  and  there  is  no  authority  in  the  code  of  nature,  which 
human  ingenuity  or  research  has  yet  discovered,  that 
bestowed  upon  them  title  to  any  more  land  than  the 
quantity  which  they  could  occupy  and  utilize.  That 
doctrine  of  a  former  century,  which  affirmed  that  title  to 
new  country  vested  in  the  government  of  the  subject  who 


INDIAN   TREATY   SYSTEM.  171 

made  the  discovery,  was  very  fragile,  and  was  accepted  in 
order  to  avoid  distressing  wars.  It  would  however  appear 
substantial,  compared  with  the  vague  theory,  that  indi 
viduals,  or  societies  of  individuals,  could  absolutely  hold  a 
legal  interest,  unconnected  with  any  superior  sovereignty, 
in  vast  tracts  of  country,  which  they  had  neither  the 
power  nor  inclination  to  make  productive. 

But  consider  this  matter  for  a  moment  from  an  Indian 
stand-point,  and  see  if  the  case  is  made  better.  The 
members  of  tribes  did  not  own  land  in  severalty,  but  held 
it  in  common.  In  their  minds,  it  was  not  property. 
Their  interest  in  territory  was  this  :  the  exclusive  privilege 
to  roam  over  it,  and  appropriate  to  their  own  especial  use 
the  natural  products  which  it  contained.  Comparatively 
insignificant  in  numbers,  they  claimed  to  be  the  legally 
constituted,  sole  recipients  of  all  that  share  of  those 
blessings  and  benefits  which  Providence  has  freely  be 
stowed  for  the  good  of  the  human  race,  which  were  to  be 
found  within  a  large  portion  of  the  earth's  surface. 
Surely  such  an  assumption  is  not  in  accordance  with 
divine  will,  and  would  not  be  defended  even  by  the  Chris 
tian  philanthropist  who  a  short  time  since  was  introduced 
in  these  pages.  Yet,  this  claim  to  extended  territory  ad 
mits  of  no  other  interpretation,  unless  immemorial  enjoy 
ment  of  an  advantage  permitted  under  favorable  condi 
tions,  necessarily  developed  into  a  vested  right ;  or  unless 
long  continued  modes  of  obtaining  subsistence  could  be 
perpetuated,  to  the  detriment  and  exclusion  of  fellow  men, 
simply  because  they  had  been  long  practiced. 

Whether,  therefore,  the  natural  right  of  the  Indians  to 
land  was  judged  from  their  own  or  from  the  European 
position,  the  validity  of  their  claim  to  large  tracts  of  coun 
try  could  not  have  been  upheld,  except  on  the  ground 
that  it  was  acquired  while  the  organizations  into  which  they 
were  collected  possessed  the  powers  of  independent  na- 


172  INDIAN  TREATY   SYSTEM. 

tions.  And  if  a  large  portion  of  the  American  continent 
belonged  to  the  Indians  when  the  United  States  Govern 
ment  was  created,  they  owned  it  as  nations,  and  in  no 
other  capacity. 

Let  us  pursue  further  this  question  of  character  of 
rights,  and  endeavor  to  shut  out  from  consideration  the 
subject  of  territory,  which  constantly  obtrudes  itself  in  all 
discussions  upon  Indian  matters.  Why  it  does  so,  is  prob 
ably  for  the  reason  that  the  relation  established  between 
the  Government  and  tribes  is  so  apparently  fictitious,  or 
intangible,  when  placed  upon  any  other  foundation  than 
that  of  territorial  ownership,  that  it  becomes  exceed 
ingly  difficult  to  understand.  The  response  to  the  inquiry 
were  the  tribes  nations,  is  to  the  effect  that  they  must 
have  been,  since  they  held  extensive  domains.  Should  I 
ask  if  the  Indians  were  the  rightful  proprietors  of  Ameri 
can  soil,  I  should  be  answered,  yes,  in  their  character  of 
nations  they  originally  possessed  the  continent.  This 
reasoning  is  unsatisfactory.  It  is  admitted  that  if  they 
held  extensive  domains  they  were  nations,  and  were 
consequently  the  rightful  proprietors  of  the  soil  of  this 
continent;  for  extended  dominion  necessarily  supposes 
sovereignty.  But  we  assert,  that  if  they  had  not  been 
sovereign  powers  they  could  not  have  supported  any  title 
to  large  tracts  of  country,  because  it  is  only  in  sovereignty 
that  such  a  claim  could  rest.  We  now  deny  that  they  were 
nations,  and  consequently  their  claim  to  territory  is  denied. 
The  facts  as  they  existed  must  be  judged  by  the  law  of  na 
tions,  which  is,  in  this  respect,  the  conceded  law  of  nature, 
and  judged  by  that  law,  what  evidences  can  be  discovered 
to  prove  that  the  tribal  organization  possessed  the  requi 
sites  of  national  powers  ? 

A  body  of  people,  the  members  of  which  act  at  times 
in  concert,  but  from  individual  will,  and  not  in  obedience 
to  an  expressed  or  understood  rule  ;  a  body  of  people  dwell- 


INDIAN   TREATY   SYSTEM.  173 

ing  in  the  same  locality,  but  not  subordinate  to  any  gen 
eral  authority ;  a  body  of  nomadic  people,  congregated  in 
self-defence,  or  attracted  by  the  ties  of  relationship,  love  of 
superstitious  observances,  and  opportunities  for  social  in 
tercourse,  numbering  when  united  a  few  hundreds,  or  pos 
sibly  thousands,  but  without  a  code  of  laws  or  government 
of  any  kind,  does  not  constitute  a  nation  in  a  single  par 
ticular. 

But  the  tribes  were  organized  and  had  their  chiefs  and 
grand  councils  !  To  be  sure  they  had  ;  and  any  party  of 
men  who  should  determine  to  cut  themselves  loose  from 
civil  restraint,  and  enter  a  wilderness,  would  organize  them 
selves  under  a  leader,  and  the  ablest  of  the  party  would 
become  its  advisers.  The  tribal  organization  was  of  the 
weakest  pattern.  The  chief  was  a  leader  in  war,  but  an 
equal  in  peace.  The  members  of  the  council  did  not  be 
come  such  by  appointment  or  election,  but  assumed  and 
maintained  their  positions  from  acknowledged  ability  in 
speech  and  deeds.  There  was  nothing  in  the  organizations 
which  could  be  denominated  government.  Not  even  the 
bands  which  formed  the  Iroquois  league,  nor  those  em 
braced  within  the  southern  confederacies,  could  unitedly 
show  the  essential  elements  of  nations,  as  now  defined, 
unless  it  might  be  in  strength  to  maintain  themselves 
under  adverse  circumstances,  in  the  possession  of  privileges 
which  they  had  usurped.  View  the  tribes  as  we  please, 
we  fail  to  discover  nations,  kingdoms,  principalities,  or 
powers — nothing  in  the  majority  of  cases,  but  bands  of  un 
civilized  people,  who  did  not  hold  themselves  responsible 
to  any  law,  but  acted  in  accordance  with  will,  as  caprice 
or  passion  moved  them.  We  fail  to  find  that  the  decrees 
of  nature  invested  them  with  the  dignities  and  immunities 
of  national  existences,  or  upheld  their  claim  to  the  extended 
country  over  which  they  roamed.  We  are  led  to  believe, 
in  conclusion,  after  weighing  many  probabilities,  that  the 


174  INDIAN   TREATY   SYSTEM. 

position  assigned  them  by  our  Government,  as  lawful  oc 
cupants  of  the  soil,  subject  to  a  qualified  dependence,  was 
not,  in  truth,  given  because  supposed  to  be  in  consonance 
with  positive  law,  but  only  because  expediency  and  charity 
combined  seemed  to  dictate  a  continuance  of  the  policy 
which  Great  Britain  had  followed.  It  was  thought  that 
the  status  which  was  declared  and  fixed,  which  accorded 
them  internal  sovereignty,  free  tribal  intercourse,  and  pos 
session  of  territory,  until  extinguished  under  governmental 
authority,  would  prove  satisfactory  to  all  parties,  and  would 
result  in  concord.  For  this  reason  the  course  pursued 
was  adopted,  and  not  that  it  was  made  imperative  by  any 
imagined  higher  law,  or  natural  commands. 

If  conclusions  thus  drawn  are  correct,  the  effects  of  the 
treaty  system  upon  the  tribes  may  be  viewed  as  the  results 
of  voluntary  measures  of  public  policy,  and  not  as  the  at 
tendants,  or  consequences  of  a  line  of  action  which  was 
necessarily  followed.  We  intend  to  consider  them  as  the 
results  of  measures  deemed  expedient,  and  put  in  operation 
to  meet  the  requirements  of  existing  circumstances,  and 
shall  endeavor  to  show  in  what  respects  the  system  was  un 
wise  or  erroneous. 

The  questions  which  naturally  suggest  themselves  in 
the  outset  of  the  inquiry,  are  these  :  What  changes  in  the 
condition  of  the  Indian  population  were  sought  ?  What 
ends  did  Government  wish  to  accomplish  ?  They  may  be 
briefly  answered.  The  mental  and  moral  improvement  of 
the  Indians,  indeed  their  complete  transformation  in  habits 
of  life  and  modes  of  thought,  was  desired.  "  The  ultimate 
design  was  to  incorporate  into  our  own  institutions  that 
portion  which  could  be  converted  to  the  state  of  civiliza 
tion." 

Whether  proceedings  under  the  treaty  system  were  cal 
culated  to  bring  about  these  results  in  the  speediest  and 
most  natural  manner,  even  if  faithfully  conducted,  is  made 


INDIAN  TREATY   SYSTEM.  175 

doubtful,  for  the  reason  that  the  improvement  demanded 
was  personal,  and  not  national  or  tribal,  and  that  the  sub 
sequent  intended  incorporation  must  be  effected  by  the 
acceptance  of  individuals,  and  not  of  entire  communities, 
into  the  great  body  of  citizens.  The  needed  reformation 
consisted  in  individual  progress,  and  the  Government  sys 
tem  delayed  it,  since  it  assisted  to  perpetuate  the  tribal 
relation,  which  was  the  outgrowth  of  barbarism,  and  the 
product  of  savage  customs.  It  attempted  to  reach  the 
person  through  an  institution  both  social  and  political  in 
part,  which  was  built  up  on  idleness,  superstition,  and 
crime,  and  which  encouraged  the  Indians,  even  if  it  did 
not  compel  them,  to  persist  in  those  practices  which  it 
fostered  and  preserved.  It  vainly  thought  it  possible  to 
remodel  the  social  structure  under  which  they  lived,  and 
make  it  conform  to  those  of  civilized  society  ;  when  on  the 
contrary,  efforts  should  have  been  made  for  its  gradual 
destruction,  since  it  was  one  of  the  chief  difficulties  in  the 
path  of  true  progression. 

We  will  not  here  say  that  violent  measures  should  have 
been  resorted  to  in  order  to  effect  this  destruction.  Never 
try  to  reform  by  law  or  force  that  which  ought  to  be  changed 
by  custom,  is  a  sound  political  maxim.  The  Indians  should 
have  been  allowed  to  retain  their  tribal  institutions  until 
they  could  have  been  prevailed  upon  to  make  modifications 
therein  themselves  or  really  to  abolish  them  ;  but  Govern 
ment  should  not  have  adopted  a  course  of  conduct  tending 
to  influence  them  to  hold  fast  to  their  organizations,  which 
it  did  by  its  recognition,  and  its  transactions  under  the 
treaty  system.  It  should  have  ignored  their  claims  as  in 
dependent  communities,  and  have  placed  them  individually 
as  much  as  circumstances  allowed,  under  its  subjection. 

This  is  no  modern  idea.  It  has  been  advocated  by  emi 
nent  men  of  various  times,  and  now,  after  a  prolonged 
experience  of  determined  effort  followed  by  constant 


176  INDIAN   TREATY   SYSTEM. 

disappointment,  appears  to  have  an  important  meaning. 
It  is  clearly  expressed  in  Mr.  Monroe's  presidential  message 
of  eighteen  hundred  and  eighteen.  He  says,  speaking  of 
the  Indians  :  "  To  civilize  them  and  even  to  prevent  their 
extinction,  it  seems  to  be  indispensable  that  their  inde 
pendence  as  communities  should  cease,  and  that  the  con 
trol  of  the  United  States  over  them  should  be  complete 
and  undisputed.  The  hunter's  state  will  then  be  more 
easily  abandoned  and  recourse  will  be  had  to  the  acquisition 
and  culture  of  land,  and  to  other  pursuits  tending  to  dis 
solve  the  ties  which  cement  them  together  as  a  savage  com 
munity,  and  to  give  a  new  character  to  every  individual." 

The  requisites  of  Indian  civilization  were  and  still  are, 
localization,  mental  and  moral  regeneration,  and  personal 
responsibility  to  law. 

Not  until  the  first  condition  is  established  can  substan 
tial  success  be  attained.  This  is  attended  by  radical 
innovations  in  those  pursuits  by  which  the  necessities  of 
life  are  acquired.  It  begets  in  time  the  desire  for  acquisi 
tion  from  which  springs  the  incentive  to  labor  and  which 
is  repugnant  to  community  of  interest.  It  develops  the 
individual  and  weakens  the  tribal  influence.  As  soon  as 
permanent  settlement  is  made  the  opportunity  to  impart 
instruction  by  teaching  and  example  arises.  A  change  of 
habits  creates  new  modes  of  thought.  In  so  far  as  the 
customs  of  the  white  man  are  copied,  just  so  far  does  his 
instruction  become  practical.  It  will  therefore  be  under 
stood  and  will  assist  to  shape  conduct.  Agriculture  ac 
companies  and  succeeds  to  pastoral  pursuits.  With  com 
modities  for  disposal,  attention  is  turned  to  trade,  and  the 
subject  of  barter  and  exchange,  as  practiced  in  the  civil 
ized  world,  is  studied. 

Anything  that  influences  the  Indian  to  fix  his  abode, 
serves  to  wean  him  from  his  nomadic  career,  and  opens  to 
him  a  new  channel  for  ideas  ;  and  although  an  evil  in  itself, 


INDIAN  TREATY  SYSTEM.  177 

it  proves  to  him  at  least  a  temporary  benefit.  There  was 
truth  in  the  old  saying  of  the  southern  congressman  : 
"Give  an  Indian  a  slave  and  you  make  a  man  of  him." 
Not  that  the  relation  created  had  any  elevating  effect,  but 
because  the  negro  bondsman  cultivated  the  fields  of  his 
master,  compelled  him  to  supervise  his  labor,  and  to  dis 
pose  of  the  products  of  the  soil.  Slavery,  as  it  existed  in 
Oregon,  degraded  both  bond  and  free,  as  would  have  been 
the  case  among  the  Indian  tribes  of  the  Southern  States, 
had  it  not  insured  localization,  increased  agriculture,  and 
given  rise  to  new  processes  of  thought  and  reflection. 

With  settlement  comes  also  the  opportunity  to  enforce 
law.  In  a  country  as  extended  as  our  own,  in  which  the 
tribes  are  permitted  to  wander  at  will  over  the  untenanted 
territory,  it  has  been  found  impossible  to  execute  the  few 
statutes  which  affect  the  person  of  the  Indian.  He  is  prac 
tically  removed  from  responsibility  by  the  protection  which 
the  tribal  organization  furnishes.  To  it  he  can  flee  for 
refuge,  and  although  it  has  not  any  constituted  authority, 
either  to  shield  or  to  surrender  him,  he  can  there  find  suf 
ficient  unorganized  force  to  enable  him  to  elude  justice. 
This  is  as  unfortunate  for  his  race  as  it  is  for  the  Govern 
ment;  for,  while  such  a  condition  of  affairs  exists,  the 
night  of  barbarism  is  prolonged.  The  first  glimmerings 
of  the  dawn  of  perfect  and  lasting  civilization  appear  in 
obedience  and  self-imposed  restraint.  The  savage,  if  left 
to  himself,  rarely  learns  to  practice  these  cardinal  virtues. 
Aid  is  required,  and  it  must  come  from  without  his  own 
social  sphere.  It  manifests  itself  in  the  forms  of  definite 
and  concise  law,  attended  by  the  power  to  inflict  sure  and 
speedy  punishment.  If  obedience  is  demanded  and  exacted 
the  subject  soon  educates  himself  to  curb  his  violent  pas 
sions  and  to  check  his  vicious  tendencies.  The  rigid  en 
forcement  of  a  simple  criminal  code,  which  prohibited  In 
dians  from  committing  crimes  against  each  other,  as  well 
8* 


178  INDIAK   TREATY   SYSTEM. 

as  against  the  whites,  would  more  quickly  place  the  red 
man  in  the  path  of  substantial  improvement,  than  all  the 
instructors  in  arts,  morals,  and  religion  who  have  ever 
visited  him.  The  Romans  fully  comprehended  the  accu 
racy  of  this  doctrine.  They  may  have  carried  it  too  far  in 
practice.  They  may  have  resorted  to  tyranny,  when 
milder  methods  would  have  answered.  Yet  they  laid  the 
foundation  upon  which  has  been  built  modern  European 
civilization. 

The  doctrine  is  accepted  and  acted  upon  by  Great 
Britain  at  the  present  day.  It  is  frequently  asked  why 
have  not  the  eighty  thousand  Indians  who  inhabited  her 
territory  in  the  North-west  given  trouble.  Explanations 
are  as  often  ventured,  to  show  why  the  peaceful  policy  of 
the  Canadian  Government  has  proved  so  successful.  We 
are  told  that  it  results  from  honest  administration.  It  is  a 
mistaken  idea.  Honest  contractors,  and  conscientious 
agents,  with  money  and  goods  without  limit,  could  not 
correct  the  roving  disposition  of  the  native,  nor  elevate  his 
standard  of  morality.  The  full  performance  on  the  part 
of  the  Government  of  every  treaty  stipulation  ever  entered 
into,  would  not  insure  Indian  advancement.  To  be  sure, 
integrity  of  conduct,  practiced  by  the  supervising  race, 
would  have  a  certain  influence,  and  would  remove  the 
present  causes  of  complaint,  but  it  would  not  of  itself  work 
substantial  benefit. 

The  Indian  will  not  easily  receive  permanent  impres 
sions  of  a  virtuous  character.  He  is  not  in  the  plastic 
state  of  childhood.  His  whole  moral  and  mental  system  is 
diseased.  The  tablet  of  his  mind  is  covered  all  over  with 
heathen  prejudices  and  cruel  superstitions,  and  no  space 
remains  upon  which  to  inscribe  the  golden  rule  of  duty. 
The  tablet  must  be  cleansed  before  new  impressions  can  be 
made.  Quiet  example,  or  gentle  persuasion,  will  not  do 
the  work,  while  the  temptations  and  allurements  of  un- 


INDIAN  TREATY   SYSTEM.  179 

checked  tribal  life  continue.  The  latter  prove  stronger 
than  the  temporary  convictions  produced  by  exemplary 
conduct  and  argument. 

Honest  administration,  by  which  is  here  meant  the 
faithful  execution  of  all  promises  which  the  Government 
has  made,  would  not  ameliorate  the  condition  of  the 
native,  if  unrestrained  by  physical  force,  and  permitted  to 
practice  that  license  in  which  he  is  encouraged  by  pro 
pensity,  superstition,  and  long-existing  customs.  The 
commendable  behavior  of  the  native  population  of  Great 
Britain  is  not  due,  to  any  great  extent,  to  upright  dealing, 
fidelity,  or  capacity,  on  the  part  of  agents,  but  it  may  be 
reasonably  attributed  to  the  fact,  that  every  individual  of 
that  population  is  a  subject  of  the  Empire,  and  is  per 
sonally  responsible  for  the  violation  of  its  laws.  Should 
he  engage  in  murder  or  robbery,  no  sentimental  plea  of 
deep  cherished  wrongs  would  be  advanced  in  his  defence, 
to  shield  him  from  legal  punishment.  The  sword  of 
justice  would  surely  fall  upon  him,  and  he  is  fully  con 
scious  of  it.  Dread  apprehension  of  merited  retribution 
deters  from  crime.  It  is  more  effective  than  gifts  or 
speech,  and  more  appreciated  than  the  greatest  forbear 
ance.  To  this  feature  of  Great  Britain's  Indian  policy  is 
success  with  the  undomesticated  tribes  mainly  due.  It  is, 
with  that  Government,  the  initiatory  step,  and  is  followed 
by  localization  and  incorporation.  She  does  not  force 
back  the  native  race  into  the  wilderness,  but  settles,  disci 
plines,  and  educates  it,  (although  for  education  through 
hired  instructors  little  is  done,)  as  speedily  as  the  territory 
over  which  it  roams  is  needed  for  use  or  white  occupancy. 

The  late  Indian  treaty  system  of  the  United  States 
seems  to  have  been  admirably  suited  to  delay  the  estab 
lishment  of  the  condition  we  have  named,  as  requisite  to 
the  attainment  of  civilization.  It  opposed  definite  settle 
ment  within  reasonable  boundaries.  By  its  recognition  of 


180  INDIAN   TREATY   SYSTEM. 

the  tribes  as  independent  communities,  it  ignored  indi 
vidual  accountability  for  criminal  action,  in  so  far  as  the 
safety  of  its  citizens  would  permit,  and  gave  immunity 
from  legal  restraint.  The  remaining  condition,  mental 
and  moral  advancement,  would  consequently  be  of  slow 
and  tedious  acquirement. 

Look  now  a  little  farther  into  this  subject.  One  might 
possibly  be  convinced  by  a  careful  examination,  that  the 
treaty  system  has  not  only  delayed  Indian  improvement, 
but  that,  in  many  respects,  it  has  actually  exerted  a  direct 
injurious  influence.  We  have  said  that  it  perpetuated  the 
tribal  relation.  It  did  more.  It  gave  to  that  relation  a 
fictitious  and  pernicious  importance,  which  strengthened  a 
feeling  of  independence  from  government  control,  and 
nourished  a  spirit  of  vanity.  The  Indians  could  not  ap 
preciate  the  benevolent,  or  rather  munificent,  measures 
which  invested  them  with  the  continual  possession  of  the 
territory  over  which  they  were  accustomed  to  roam  in 
pursuit  of  food.  They  could  not  properly  value  the  mod 
eration  which  accorded  them  the  management  of  their 
internal  affairs.  Such  action  they  looked  upon  as  conces 
sions  which  belonged  to  them  of  right,  and  which  were 
granted  because  of  their  consequence,  and  through  fear  of 
incurring  their  displeasure.  The  treaty  councils,  wherein 
United  States  commissioners  sued  for  peace,  and  the  repre 
sentatives  of  the  tribes  arrogantly  declared  terms,  aptly 
exhibited  to  view  the  false  impressions  the  latter  were 
under  regarding  their  correct  status,  and  the  power  of  the 
Government  to  punish  them  for  their  conduct.  Arrayed 
in  barbaric  splendor,  assuming  to  be  rulers  of  vast  domains, 
they  even  demanded  compensation  for  the  water  which  the 
white  man  drank  from  their  lakes  and  rivers,  insolently 
denied  the  right  of  the  Great  Father  to  enter  their  country, 
and  exacted  large  sums  of  money  upon  their  naked  prom 
ises  to  cease  from  murdering  American  citizens. 


INDIAN   TREATY   SYSTEM.  181 

Is  this  great  nation  degrading  itself  in  negotiating  by 
treaty  with  a  few  savages  in  the  hope  of  controlling  them 
and  promoting  their  welfare  at  the  least  expense,  exclaim 
the  friends  of  the  treaty  system.  We  shall  not  attempt  a 
reply,  but  content  ourselves  by  pronouncing  the  proceed 
ings  a  hollow  mockery.  We  will  say  that  it  deceived  and 
injured  the  Indian,  and  that  by  creating  within  him  an 
erroneous  sense  of  his  importance  increased  crime  on  our 
frontier. 

It  is  impossible  to  purchase  lasting  peace  of  the  barba 
rian,  unless  he  is  placed  in  a  situation  where  he  is  restrained 
by  a  fear  of  righteous  judgment.  That  appropriation  of 
half  a  million  of  dollars  which  was  expended  on  the  Fort 
Peck  Indians  a  few  years  ago,  wonderfully  developed  a 
consciousness  of  strength.  The  whole  peace  policy  has 
proved  a  failure,  simply  because  it  lacked  the  one  great 
essential  element  to  make  it  successful.  The  hostile  tribes, 
flattered  and  subsisted,  received  the  abundant  stores  of 
goods  which  were  sent  to  their  reservations,  and  which 
were  intended  to  appeal  to  gratitude,  as  tribute  or  the 
price  of  peace.  No  coercion  was  attempted.  Indeed  the 
larger  reservations  were  without  system,  regulation,  or 
government  of  any  kind,  with  which  to  control  the  unedu 
cated,  inharmonious  and  passionate  population  there  col 
lected.  A  few  instructors  in  written  language  and  the 
catechism,  a  few  experts  in  the  use  of  agricultural  imple 
ments,  were  expected  to  employ  the  attention  of  this  peo 
ple  of  leisure,  maintained  in  indolence  and  insolence,  and 
by  persuasion,  encouragement  and  example,  to  thoroughly 
revolutionize  them  in  thought  and  pursuits. 

The  treaty  system  also  produced  an  injurious  effect 
upon  the  tribes,  because  they  were  permitted  and  induced 
to  enter  into  stipulations  which  they  had  no  intention  of 
regarding,  — which  they  knew  from  the  nature  of  circum 
stances,  could  not  be  complied  with  on  their  part.  They 


182  INDIAN   TREATY   SYSTEM. 

promised,  in  order  to  obtain  the  consideration  which  gen 
erally  preceded  performance.  Allusion  has  already  been 
made  to  the  absurdity  of  certain  provisions  which  many  of 
the  treaty  instruments  contain,  and  it  is  not  intended  that 
another  reference  shall  now  be  made  to  them.  We  have 
in  mind  those  stipulations,  which  involve  disagreeable 
duties,  or  unpleasant  action  from  the  members  of  the  tribes 
and  which  we  consider  impossible  of  execution,  on  account 
of  the  weakness  of  tribal  authority,  and  the  utter  absence 
of  any  species  of  coercion  over  individuals. 

What  honesty  of  purpose  could  inspire  a  chief  of  a  wild 
tribe  to  enter  into  a  contract,  binding  all  heads  of  families 
of  his  people  to  fix  permanent  residences,  to  cultivate  land 
in  future,  and  to  keep  children  of  certain  ages  at  schools  ? 
He  knows  that  his  constituents  will  not  plough  ground, 
nor  plant  extended  fields  in  corn,  as  long  as  there  is  any 
thing  to  hunt.  He  is  fully  aware  that  obedience  is  no  part 
of  a  child's  instruction ;  that  parental  restraint  ceases,  or 
at  least  will  not  be  exercised,  after  the  boy  is  able  to  draw 
the  bow,  and  that  those  heads  of  families  not  only  do  not 
wish  their  sons  to  attend  school,  but  could  not  force  the 
unwilling  ones  to  do  so.  He  may  however  entertain  con 
fused  ideas  concerning  the  manual  labor  schools,  which 
are  said  to  be  intended,  "for  the  education  and  training 
of  the  youth,  in  letters,  agriculture  the  mechanical  arts, 
and  housewifery,"  and  imagine  that  they  may  present  some 
irresistible  attraction  to  the  young,  else  he  would  be  in 
honor  bound  to  reply  to  those  asking  for  promises  as  did 
the  Iroqnois  chief  to  the  Pennsylvania  Commissioners  in 
seventeen  hundred  and  fifty-four  :  "  The  Indians  are  not 
inclined  to  give  their  children  learning.  Our  customs 
differ  from  yours." 

Such  and  kindred  stipulations  which  cannot  be  enforced 
ought  not  to  be  entered  into.  The  chiefs  comprehended 
and  the  commissioners  should  not  be  ignorant  of  the  fact, 


INDIAN  TREATY   SYSTEM.  183 

that  the  tribes  will  not  and  cannot  fulfill  them.  They  must 
tend  to  destroy  the  moral  force  and  binding  effect  of  treat 
ies,  bring  the  Government  into  disrepute,  and  encourage 
the  Indians  in  the  commission  of  deeds  of  lawlessness. 

But  how,  it  might  be  asked,  if  tribal  restraint  and  influ 
ence  is  so  feeble,  and  the  moral  tone  of  the  native  is  such 
as  has  been  represented,  can  reliance  be  placed  upon  the 
fulfillment  of  treaty  conditions  of  any  nature  ?  Probably 
very  little  credit  or  importance  is  attached  to  the  majority 
of  them.  The  action  of  the  Government  has  generally 
been  experimental,  and  has  not  been  attended  with  a 
confidence  that  the  opposite  party  would  put  forth  strenu 
ous  efforts  to  perform  its  part  of  the  agreement.  Still, 
that  confidence  has  in  almost  all  cases  been  too  strong. 
Very  few  treaties  have  ever  been  regarded,  except  as  to 
those  provisions  which  relinquished  title  to  territory  (and 
which  of  course  could  not  be  evaded)  unless  the  tribes 
which  entered  into  them  occupied  positions  which  rendered 
continual  government  aid  necessary  to  their  existence  or 
preservation. 

The  cause  of  this  repeated  violation  of  faith  is  excused 
by  a  large  class  of  our  citizens,  on  the  ground  that  either 
our  own  authorities  do  not  observe  the  contract,  and  are 
the  first  transgressors,  or  that  our  white  inhabitants  make 
unwarranted  encroachments  upon  the  rights  and  commit 
injuries  upon  the  persons  of  the  Indians.  The  extent  to 
which  opinions  are  sometimes  carried  in  this  direction,  is 
sufficient  to  excite  surprise.  They  are  not  of  late  origin, 
but  the  extravagant  expressions  to  which  they  have  given 
rise  may  be  found  in  the  written  history  of  every  genera 
tion  of  our  people  since  settlements  on  the  American 
coast  were  permanently  established.  I  turn  back  nearly 
one  hundred  and  seventy  years  and  find  the  Governor  of 
Virginia  saying  :  "  The  Indians  never  break  with  the 
English  without  gross  provocation  from  persons  trading 


184  INDIAN   TREATY   SYSTEM. 

with  them."  The  public  press  of  the  present  day  scatters 
from  time  to  time  the  proclaimed  opinions  of  those  who 
advocate  certain  pretended  rights  of  the  native,  and  seek 
to  cover  his  crimes  with  the  mantle  of  charity.  We  have, 
say  they,  never  known  the  Indians  to  first  break  faith  with 
the  white  man.  Disturbances  are  always  caused  by  the 
aggressions  and  dishonesty  of  the  whites. 

Why  do  not  these  gentlemen  rather  show  us  instances 
in  which  the  Indians  have  kept  their  faith  when  over 
whelming  physical  causes  did  not  oblige  them  to  do  so  ; 
or  to  present  more  convincing  examples  in  proof  of  their 
theory  of  Indian  honor  and  fidelity  to  plighted  word,  why 
do  they  not  bring  forward  illustrations  which  would  not 
involve  the  policy  and  action  of  the  white  man  ?  Let  them 
instance  treaties  to  which  the  tribes  are  sole  parties — 
treaty  agreements  made  by  and  between  the  tribes,  and 
with  which  the  white  man  had  nothing  whatever  to  do. 
They  are  of  frequent  occurrence,  and  we  venture  the  re 
mark,  that  they  never  healed  a  long  existing  difficulty. 
We  have  heard  of  great  inter- tribal  councils  called  for  the 
purpose  of  removing  hereditary  feuds,  at  which  the  calumet 
was  smoked,  eternal  friendship  pledged,  and  magnificent 
presents  in  ponies  and  goods  exchanged  ;  and  we  have 
been  informed  that  the  old  strife  was  almost  immediately 
resumed,  and  that  the  ponies  presented  in  token  of  sincerity 
of  the  sentiments  expressed  in  the  council  were  soon  stolen 
and  captured,  and  placed  in  the  possession  of  the  original 
owners.  In  fact,  we  have  witnessed  the  apparent  honesty 
of  intention  amounting  to  earnestness  which  characterizes 
such  assemblages,  and  have  believed  for  the  time  but  mis 
takenly  that  peace  solemnized  with  so  great  ceremony 
would  be  preserved. 

Tribes  which  have  been  at  enmity  for  a  considerable 
period  of  time,  and  which  are  not  obliged  for  actual  pre 
servation  to  unite  their  fortunes  against  a  common  foe. 


TREATY   SYSTEM.  185 

cannot  of  themselves  effect  a  permanent  reconciliation, 
although  one  is  sometimes  merged  in  the  other,  after  severe 
chastisement.  The  reason  is  plain.  Even  if  the  chiefs 
and  principal  soldiers  who  make  the  treaties  are  serious 
and  peaceably  disposed,  the  members  of  the  tribes  cannot 
be  controlled.  With  them  future  welfare  is  of  slight  con 
sequence,  compared  with  the  gratification  of  the  passions  ; 
and  by  individual  action  they  bring  back  the  condition  of 
hostility.  It  is  next  to  an  impossibility  to  cure  an  internal 
tribal  feud.  The  parties  to  the  quarrel  are  likely  to  sep 
arate,  and  thenceforth  live  apart,  and  at  war  with  each 
other. 

Yet  notwithstanding  these  proofs  of  inconstancy,  a 
numerous  class  of  citizens  discover  in  the  conduct  of  the 
whites,  the  only  cause  for  Indian  violation  of  treaty  obliga 
tions.  Such  explanations  furnish  too  sad  a  commentary 
upon  the  boasted  civilization  which  that  same  class  is  en 
deavoring  to  induce  the  natives  to  accept,  and  they  should 
not  be  taken  without  qualification,  unless  it  can  be  made 
to  appear  that  the  Indians  are  as  Columbus  is  reported  to 
have  found  them  :  "  A  race  of  men  whose  minds,  far 
from  being  wedded  to  any  system  of  idolatry,  were  pre 
pared,  by  their  extreme  simplicity,  for  the  reception  of 
pure  and  nncorrupted  doctrine." 

Every  fair  minded  person  will  confess  that  there  have 
been  occasions  when  wanton,  ill  treatment  by  the  whites  has 
suddenly  put  an  end  to  a  languishing  peace  ;  that  the  fre 
quent  applications  made  by  our  authorities  to  change  pro 
visions  of  treaties  which  the  Indians  had  been  instructed 
should  be  forever  undisturbed,  have  quickened  and  given 
direction  to  a  natural  unrest.  But  the  assertion  that  the 
savage  butcheries  and  fiendish  atrocities  which  have  been 
committed  on  the  border  citizens,  are  due  to  any  consider 
able  extent  to  the  crimes  of  the  white  man  or  his  Govern 
ment,  is  based  upon  an  assumption  which  history  and  ex- 


186  INDIAN   TREATY   SYSTEM. 

perience  will  not  sustain,  viz  :  that  the  native  is  by  dis 
position  mild  and  tractable,  and  by  nature  sincere  and 
faithful. 

Perhaps  a  clearer  idea  of  the  effect  of  the  treaty  system 
upon  our  Indian  population  might  be  conveyed,  should  a 
practical  exposition  of  its  workings  be  attempted.  Some 
tribe  from  among  those  which  have  been  from  the  first 
under  its  influence,  might  be  selected  as  an  example,  to 
make  more  intelligible  the  views  which  have  been  advanced. 
Let  us  go  to  the  Indian  territory,  where,  according  to  an 
official  report  made  in  eighteen  hundred  and  seventy-two, 
"  the  partially  civilized  tribes,  numbering  about  fifty  thou 
sand  souls,  have,  in  proportion  to  population,  more  schools 
and  with  a  larger  average  attendance,  more  churches, 
church  members,  and  ministers,  and  spend  far  more  of 
their  money  for  education,  than  the  people  of  any  territory 
of  the  United  States,"  and  where,  as  the  same  report  in 
forms  us,  "life  and  property  are  more  safe,  and  there  are 
fewer  violations  of  the  law,"  than  in  the  regularly  organ 
ized  territories.  Let  us  make  selection  of  the  Cherokee 
nation,  which  is  acknowledged  to  be  the  most  influential 
and  most  enlightened  tribe  of  that  section,  and  to  which 
the  believers  in  the  ability  of  the  Indian  to  speedily  acquire 
our  civilization,  and  the  supporters  of  the  treaty  system, 
are  accustomed  to  turn  for  encouragement  and  consola 
tion. 

For  evidence  as  to  its  condition  in  culture  and  wealth, 
we  will  confine  our  search  for  the  present  to  official  statis 
tics,  which  undoubtedly  present  facts  in  their  most  favora 
ble  colors.  The  tabular  statements,  prepared  by  the  late 
Commissioner  of  Indian  Affairs,  show  that  the  Cherokee 
nation  numbers  eighteen  thousand  six  hundred  and 
seventy-two  souls  ;  that  they  owned,  until  recently,  eleven 
millions  of  acres  of  land,  and  that  they  now  hold  a  reser 
vation  of  five  millions  ;  that  they  have  seven  thousand 


TREATY   SYSTEM.  187 

acres  under  cultivation,  and  possess  four  hundred  and  six 
teen  thousand  head  of  stock ;  that  the  eighteen  thousand 
six  hundred  and  seventy-two  inhabitants  have,  strange  to 
say,  that  exact  number  of  dwelling-houses,  also  have 
seventy- four  school  buildings,  and  thirty  church  edifices  ; 
that  the  average  attendance  of  scholars  for  the  year  eigh 
teen  hundred  and  seventy-six,  was  fifteen  hundred  and 
twenty-five ;  that  there  are  seven  thousand  church  mem 
bers,  and  twelve  thousand  persons  who  are  able  to  read  ; 
that  the  stocks,  bonds,  and  funds,  which  are  held  in  trust 
by  the  United  States,  amount  to  two  millions  six  hundred 
thousand  dollars,  and  that  the  annual  interest  on  the  same, 
which  is  paid  regularly,  is  more  than  one  hundred  and 
forty  thousand  dollars. 

It  appears  from  the  report  of  the  agent,  that  this 
nation  inhabits  a  very  fertile  section  of  country  ;  that  its 
people  live  in  stone,  brick,  and  log  houses  (in  which  can 
be  seen  the  sewing-machine  and  piano)  with  surrounding 
grounds  "  adorned  by  ornamental  trees,  shrubbery,  flowers, 
and  nearly  every  improvement,  including  orchards  and 
choice  fruits ; "  that  they  sustain  a  newspaper  ably  edited 
by  native  Cherokees  ;  that  they  have  a  constitutional  gov 
ernment,  with  legislative,  judicial,  and  executive  depart 
ments  ;  that  they  own  public  buildings  worth  two  hundred 
and  sixty-one  thousand  dollars  ;  that  "  among  their  citi 
zens  are  men  noted  for  their  talents  and  learning ;"  that 
their  government  "is  conducted  with  marked  ability  and 
dignity,"  and  that  although  li  it  has  been  but  a  few  years 
since  the  Cherokees  assembled  in  council  under  trees,  or  in 
a  hewed  log  house,  with  hewed  logs  for  seats,  now  the 
legislature  assembles  in  a  spacious  brick  council  house, 
provided  with  suitable  committee  rooms,  senate  chamber, 
representative  hall,  library  and  executive  offices,  which 
cost  in  erecting  the  sum  of  twenty-two  thousand  dollars." 

Surely  this  people  seem  to  be  superior,  in  many  respects, 


188  INDIAN  TREATY   SYSTEM. 

to  the  whites  living  within  the  organized  territories,  and 
may  be  favorably  compared  with  the  inhabitants  of  any 
county,  in  our  most  wealthy  and  populous  States.  A 
hasty  computation  would  show  the  value  of  their  real  and 
personal  property  to  be  from  sixteen  to  twenty  millions 
of  dollars, — one  thousand  dollars  to  each  man,  woman, 
and  child.  It  is  doubtful  if  many  communities  can  boast 
of  greater  riches.  They  exceed  those  of  the  people  of 
New  York,  and  are  greater  by  one-half  than  those  of  the 
people  of  the  United  States. 

The  Cherokces  also  manifest  a  greater  regard  for  reli 
gion  than  white  communities,  if  the  reported  number  of 
church-members  are  properly  impressed  with  Christian 
doctrine.  They  expend  larger  sums  upon  education,  in 
proportion  to  their  population,  than  any  State  in  the 
Union.  The  current  expenses  of  the  common  school 
system  in  some  of  the  Eastern  States,  is  less  than  four 
dollars  per  scholar.  In  the  South,  they  average  from  five 
to  ten  dollars,  and  in  California  they  are  sixteen  dollars, 
while  among  the  Cherokees  they  have  been  thirty-five 
dollars  per  scholar. 

The  attendance  among  the  latter  is  small,  however,  for 
the  ratio  of  scholars  to  the  population  is  as  one  to  twelve  ; 
whereas  in  the  entire  country,  it  is  as  one  to  six.  Yet  the 
reports  show,  that  the  number  of  their  people  able  to  read 
is  greater  in  proportion  to  their  strength  than  the  number 
of  those  of  the  same  ability  in  the  entire  United  States, 
where  there  are  four  and  one-half  millions  of  inhabitants 
more  than  ten  years  of  age,  who  can  neither  read  nor 
write. 

The  figures  and  extracts  which  have  been  produced 
from  official  statistics  indicate  that  the  Cherokee  nation  is 
rapidly  progressing  in  cultivation,  and  that  it  has  already 
secured  a  high  degree  of  civilization.  But  let  us  examine 
more  carefully  into  its  actual  condition,  and  ascertain  if 


INDIAN   TREATY   SYSTEM.  189 

possible  by  what  means,  through  what  processes,  and  in 
what  period  of  time  it  has  been  reached.  That  population 
of  eighteen  thousand  is  made  up  of  eight  thousand  full 
and  ten  thousand  mixed  bloods.  Some  of  the  native  Chero- 
kees  have  the  blue  eyes  and  light  hair  of  the  Saxon,  and 
in  many  the  lineaments  of  the  European  predominate.  In 
two  centuries  the  nation  has  lost  one-quarter  of  its  Indian 
stock,  which  has  been  absorbed  by  the  white  and  negro 
races,  and  if  past  relations  continue,  another  two  hundred 
years  will  nearly  efface  the  distinguishing  features  of  its 
progenitors. 

The  effect  of  this  infusion  of  white  blood  is  mental  as 
well  as  physical.  It  has  been  said,  that  "  the  union  of  the 
Englishman  and  the  Hindoo  produces  something  not  only 
between  races  but  between  moralities."  Whatever  may  be 
thought  of  the  union  of  races  on  this  continent,  it  is  true, 
that  the  offspring  inherits,  to  a  certain  extent,  the  mental, 
moral  and  religious  peculiarities  of  either  parent.  With 
him,  consistent  action  is  rather  due  to  legal  restraint  than 
conscientious  motive,  and  he  seldom  becomes  a  good  citizen 
making  his  conduct  subservient  to  a  regard  for  social  order. 
He  is  often  strongly  imbued  with  the  traditional  supersti 
tions,  the  sentiments  and  passions  of  the  pure  Indian,  and 
with  the  same  quality  of  restlessness  and  a  dislike  for  labor. 

The  leaven  of  blood  therefore  which  has  been  introduced 
into  the  Cherokee  nation,  has  only  measurably  conditioned 
individual  habits  and  social  life.  It  has  modified  national 
character,  but  its  influence  in  the  past  has  not  been  suffi- 
3ient  to  bring  about  any  very  marked  transformations. 
The  advancement  then  may  be  considered  that  of  the  Indian 
race,  assisted  and  stayed  we  might  say  by  its  partially  white 
representatives. 

The  extent  of  the  Cherokee  civilization,  as  compared 
with  our  own,  cannot  be  determined  by  computing  the 
number  of  persons  who  are  able  to  read,  and  who  attend 


190  INDIAN   TREATY   SYSTEM. 

churches,  nor  by  an  estimate  of  the  wealth  of  the  inhabi 
tants,  which  has  been  given  to  and  preserved  for  them. 
Nor  is  it  shown  by  the  faithfulness  with  which  our  laws 
and  institutions  have  been  copied.  It  should  be  judged 
from  the  uses  the  people  make  of  the  advantages  placed  in 
their  possession,  and  from  the  manner  in  which  the  laws 
are  obeyed  and  executed. 

The  reservation  occupied  by  this  tribe,  consisting  of  five 
millions  of  acres  of  land,  cannot  be  surpassed.  Delightful 
climate,  remarkable  fertility  of  soil,  and  central  location, 
render  it  the  most  desirable  section  of  country  within  the 
United  States  for  the  pioneer  and  immigrant.  Yet  the 
tribe  only  cultivates  seven  thousand  acres,  and  the  crops 
raised  might  be  grown  on  a  less  quantity.  Even  as  light 
as  agricultural  labors  are,  the  work  is  largely  performed  by 
white  individuals.  Fifteen  hundred  whites  lawfully  reside 
upon  the  reservation,  whom  the  Cherokee  farmers  are 
obliged  to  employ  in  order  to  secure  a  crop. 

What  the  United  States  Indian  Agent  remarks  of  the 
Choctaws  and  Chickasaws,  is  partly  true  of  the  Cherokees, 
although  the  latter  employ  far  less  white  labor,  and  culti 
vate  much  less  soil  than  the  former.  He  says  :  "A  great 
many  white  people  are  scattered  among  these  two  nations, 
either  hired  by  the  Indians  as  laborers,  or  renters  of  Indian 
farms  ;  and  where  the  right  kind  of  white  men,  of  temper 
ate  and  industrious  habits  are,  there  will  be  seen  the  pros 
perous  Indian  farm."  The  remark  needs  no  comment. 
It  plainly  conveys  the  truth  of  Indian  inferiority  or  indo 
lence. 

Many  of  the  native  inhabitants  are  educated.  College 
bred  men  are  found  among  them,  but  they  make  little 
practical  use  of  their  acquirements.  They  are  content 
oftentimes  to  pursue  their  studies  in  filthy  cabins.  The 
schools  are  maintained  at  the  expense  of  the  United  States 
Government ;  or  as  this  assertion  might  be  disputed,  we 


INDIAN  TEE  ATT  SYSTEM.  191 

will  say,  by  the  interest  on  moneys  promised  the  tribe  under 
treaty  stipulations,  which  it  receives  each  year,  and  which 
cannot  be  expended  for  any  other  purpose.  Notwithstand 
ing  the  large  amount  paid  out,  there  results  a  yearly  sur 
plus  which  is  consumed  in  the  erection  of  costly  buildings. 
In  fine,  the  native  Cherokee  is  provided  with  land  in  abund 
ance,  with  educational  and  religious  advantages,  with  a 
government,  and  all  the  needed  institutions  of  society, 
from  the  returns  of  the  money  held  in  trust  by  the  United 
States.  He  receives  all  the  public  benefits  of  well  organ 
ized  communities,  in  so  far  as  the  same  can  be  conferred, 
without  taxation  or  expenditure  of  any  kind,  and  can  de 
vote  his  entire  property  and  the  earnings  of  his  labors,  to 
his  personal  comfort. 

Well  may  the  Board  of  Indian  Commissioners  of  eigh 
teen  hundred  and  seventy-two  exclaim,  that  the  tribe  has 
more  schools,  more  churches,  and  spends  far  more  of  its 
own  money  for  education,  than  the  people  of  any  territory, 
provided  it  shows  the  source  from  which  this  money  comes, 
and  the  impossibility  of  using  it  for  other  objects.  But 
from  another  portion  of  that  report  which  asserts  that  life 
and  property  are  more  safe,  and  violations  of  the  law  less 
frequent,  than  in  the  territories,  we  must  dissent.  We 
could  only  credit  that  statement  on  the  supposition,  that 
the  Board  had  in  mind,  when  making  its  comparison,  all 
the  inhabitants  of  the  territories,  both  white  and  Indian. 
It  must  have  reached  this  conclusion  either  by  guess,  or 
after  the  judicial  records  had  been  consulted.  Had  it 
pursued  the  latter  course  to  its  fullest  extent,  it  might  have 
discovered,  that  crimes  among  the  most  virtuous  commu 
nities  of  the  States  were  enormous,  as  compared  with  the 
offences  of  the  Cherokee  nation  ;  for  with  the  former,  law 
is  executed  in  letter  and  spirit,  while  among  the  latter  it  is 
neither  obeyed  nor  enforced.  At  the  time  this  report  was 
submitted,  murders  and  assassinations  were  of  frequent 


192  INDIAN  TREATY   SYSTEM. 

occurrence.  Internal  feuds,  some  of  which  had  existed  sev 
enty  years,  kept  the  passions  of  the  people  inflamed.  In 
the  words  of  one  of  the  citizens  of  that  tribe  :  "The  law 
is  no  more  to  be  relied  on  here,  than  it  would  be  among 
the  Comanches.  There  is  no  more  perfect  despotism,  as 
regards  the  expression  of  opinion,  on  earth,  than  exists  now 
among  the  Cherokees." 

Matters  have  not  greatly  improved.  The  public  press 
refers  at  short  intervals  to  the  unsettled  condition  of  affairs 
in  that  section,  and  recounts  the  commission  of  outrages. 
The  law  is  too  feebly  administered  to  make  secure  person 
or  property,  and  desperadoes  seldom  receive  the  demands 
of  justice.  Take  away  the  strong  arm  of  the  General  Gov 
ernment,  and  social  disorder  would  be  certain  to  result. 
The  few  enterprising,  liberal  minded,  and  industrious  citi 
zens  who  encourage  order  and  progress,  could  not  with 
stand  that  larger  class  which  is  controlled  by  passion  and 
prejudice,  and  blinded  by  ignorance  and  superstition.  The 
civilization  of  the  Cherokees,  regarded  as  a  body  or  in  mass, 
is  of  a  low  order.  It  is  a  foreign  tree  which  has  not  yet 
taken  deep  root,  and  which  will  require  long  protracted 
attention  to  make  it  flourish  in  the  soil  in  which  it  has 
been  planted. 

The  reports  which  have  so  glowingly  depicted  the  con 
dition  of  this  tribe,  convey  an  impression  that  its  advance 
ment  has  been  accomplished  within  a  few  years,  under  the 
Government's  fostering  care.  The  Indian  Department 
presents  it  as  a  result  of  the  wise  and  philanthropic  policy 
which  it  has  pursued.  A  brief  review  of  the  history  of  the 
Cherokees  will  enable  us  to  point  out  at  least,  the  long 
and  sinuous  path  which  has  been  trodden,  from  barbar 
ism  to  semi-civilization.  The  journey  has  consumed  cen 
turies,  and  the  blood  and  treasure  of  the  white  race  has 
been  lavishly  expended,  to  accelerate  the  tardy  move 
ments. 


INDIAN  TREATY   SYSTEM.  193 

They  had  been  in  constant  communication  with  the 
whites  more  than  one  hundred  years  before  the  existence 
of  the  United  States  Government,  and  had  copied  more 
generally  from  the  European  than  any  other  tribe  on  the 
Continent.  We  find  them  in  war  with  the  colonies  long 
before  Carolina  became  a  royal  province,  and  afterwards 
engaged  in  the  English  interest  against  the  French.  As 
early  as  seventeen  hundred  and  fifty,  they  dwelt,  it  is  said, 
in  comfortable  houses  which  were  surrounded  by  cultivated 
fields.  During  our  revolutionary  war,  when  the  American 
troops  ravaged  their  country,  one  thousand  of  their  houses, 
and  fifty  thousand  bushels  of  their  grain  were  destroyed 
by  a  single  expedition,  and  as  many  of  their  goods  were 
taken  as  sold  for  one  hundred  thousand  dollars.  The 
treaty  of  Hopewell,  executed  in  seventeen  hundred  and 
eighty-five,  granted  them  a  delegate  in  Congress,  and  de 
scribed  by  metes  and  bounds  the  territory  which  was  as 
signed  to  them.  Four  succeeding  treaties  of  the  last  cen 
tury  purchased  of  them  land,  at  a  cost  of  about  forty  thou 
sand  dollars,  and  at  the  commencement  of  the  present 
century,  we  find  them  in  possession  of  nineteen  millions  of 
acres,  or  four  times  as  much  land  as  is  contained  within 
the  boundaries  of  Massachusetts.  Machinery  and  grist 
mills  were  appearing  among  them.  They  were  quite 
largely  engaged  in  farming,  and  were  availing  themselves 
of  slave  labor.1  Eight  years  later,  they  represented  to  the 
President,  that  they  were  divided  in  councils  ;  part  wished 
to  secure  western  hunting  grounds,  and  part  wished  to 
remain  in  the  east  and  cultivate  the  soil  ;  and  we  find  the 
President  engaged  in  correspondence  with  them,  advising 
the  adoption  of  a  republican  form  of  government,  and  ex 
plaining  the  necessary  steps  to  be  taken.  In  eighteen 
hundred  and  twenty-seven,  their  population  had  increased 
from  twelve  to  thirteen  and  one-half  thousand,  they  had 
formed  for  themselves  "  a  constitution  on  republican  prin- 
9 


194  ItfDIABT  TEE  AT  Y   SYSTEM. 

ciples,"  they  lived  in  good  comfortable  houses,  cultivated 
large  farms,  owned  twelve  hundred  and  seventy-seven 
negro  slaves,  and  had  five  hundred  children  in  school — 
nearly  one-half  of  the  entire  number  of  children  of  all  the 
Indian  tribes  then  attending  school.  By  periodical  sales 
of  land,  they  had  received  large  sums  of  money,  and  before 
the  treaty  of  eighteen  hundred  and  thirty-five  was  entered 
into,  they  had  a  school  fund  of  fifty  thousand  dollars,  which 
the  United  States  preserved  for  them.  At  the  last  mentioned 
date,  the  land  which  they  still  held  amounted  to  nine  and 
one-half  millions  of  acres,  which  they  sold  for  six  millions 
seven  hundred  and  sixty  thousand  dollars,  and  thirteen 
and  one-half  millions  of  acres  of  land  in  the  Indian  terri 
tory,  whither  they  all  removed,  excepting  the  remnant 
which  remained  in  North  Carolina. 

The  civil  expenditure  of  the  Government  on  their 
account  up  to  the  present  time,  has  probably  equaled 
twenty-five  millions  of  money ;  and  the  amount  paid  out 
to  punish  them,  and  to  preserve  peace  through  the  pres 
ence  of  a  military  force,  if  added,  would  double  that  sum. 
So  that  every  representative  of  that  tribe,  man,  woman, 
and  child,  white,  black,  copper-colored,  and  mixed,  has 
cost  the  United  States  about  twenty-five  hundred  dollars, 
and  they  are  numerically  stronger  to-day  than  ever  before. 

Should  then  the  advocates  of  the  old  treaty  system, 
who  cite  the  Cherokees  in  illustration  of  their  theory,  that 
our  native  population  will  speedily  accept  civilization 
under  mild  and  persuasive  teachings  ;  and  that  proceedings 
under  the  past  policy  were  best  adapted  to  accomplish  the 
great  end  desired,  properly  present  them  in  their  actual 
condition,  and  exhibit  the  expenditure  of  Government  on 
their  account,  they  might  be  able  to  show  with  a  fair  de 
gree  of  plausibility,  that  all  of  our  Indian  tribes  could  be 
elevated  to  the  same  civilized  plane  at  a  cost  of  five  or  six 
hundred  millions  of  dollars.  But  no,  a  second  thought 


INDIAN   TREATY   SYSTEM. 


195 


convinces  us  that  they  could  not  even  do  that ;  for  it  must 
be  remembered,  that  the  advancement  of  the  Cherokees 
did  not  commence  within  recent  years,  but  long  before 
they  began  to  receive  the  bene'fits  of  the  United  States 
treaty  system.  They  were  more  enlightened  a  century  ago 
than  the  wild  tribes  now  are,  and  therefore  an  additional 
sum  must  be  taken  into  the  reckoning,  which  could  not  be 
very  well  expressed  in  figures. 

The  mistaken  policy  of  the  Government,  in  conferring 
upon  the  Cherokees,  who  had  been  hostile  to  the  United 
States  interest  during  the  revolutionary  struggle,  national 
prerogatives,  and  a  large  extent  of  territory,  was  a  direct 
blow  to  their  progress,  as  well  as  an  extravagant  public 
measure.  Had  it  terminated  hostilities  on  their  part,  it 
might  have  appeared  more  reasonable ;  but  the  spirit  of 
opposition  was  not  quieted  until  they  had  been  made  to 
feel  the  power  of  the  force  which  they  bad  attempted  to 
oppose,  and  had  become  aware  of  their  inability  to  cope 
with  it.  They  then  slowly  improved  in  spite  of  the  sys 
tem  which  was  adopted  to  control  them.  Individual  pro 
gress  was  made,  notwithstanding  the  tribal  relation — which 
swallowed  up  personal  acquisition  in  a  common  appropria 
tion  and  destroyed  individual  responsibility — was  encour 
aged,  and  in  fact  made  necessary,  since  it  was  the  only 
medium  of  intercourse.  Deluded  into  the  belief  that  they 
constituted  an  independent  nation,  falsely  conscious  that 
they  could  not  be  held  responsible  for  their  conduct,  ad 
vised  and  persuaded  to  imitate  our  own  institutions,  politi 
cal  and  domestic,  they  have  been  groping  along  in  the 
darkness  of  superstitious  ignorance,  and  have  vainly  en 
deavored,  with  much  outside  assistance,  to  assimilate  their 
tribal  organization  to  our  own  Government,  while  at  the 
same  time,  they  have  continued  to  live  under  the  customs 
which  it  upheld  and  perpetuated.  Would  it  have  cost 
more  money  to  ha^e  given  them  correct  impressions  at  the 


196  INDIAN  TEE  ATT   SYSTEM. 

outset  ?  Would  it  not  have  hastened  their  advancement  ? 
My  own  impression  is,  that  had  they  been  located  within  a 
small  and  fertile  section  of  country,  easily  accessible,  and 
placed  under  a  few  simple  regulations  directly  applicable 
to  the  person,  merely  as  a  preparatory  measure  to  the  final 
extension  over  them  of  our  entire  criminal  code  ;  that  had 
a  kind  but  firm  policy  been  adopted,  calculated  to  ignore 
as  much  as  possible  community  of  interest,  to  encourage 
labor,  and  to  protect  individual  rights,  that  we  should  now 
'have  among  us  as  the  descendants  of  the  Cherokee  tribe, 
instead  of  a  troublesome  nation,  a  body  of  useful  and  in 
dustrious  citizens. 

Why  attempt  to  improve  a  tribal  structure,  which  is 
but  the  outward  manifestation  of  a  barbarous  condition  of 
a  people  ?  Why  attempt  mediate  action  through  an  irre 
sponsible  agency,  in  order  to  reach  the  person  ?  A  truth 
seems  to  have  been  forgotten,  viz  : — that  society  is  exactly 
what  the  individuals  of  which  it  is  composed  make  it,  and 
that  it  cannot  be  elevated  until  a  change  is  effected  in  its 
elements.  Tribal  improvement  means  nothing  more  nor 
less  than  progress  among  the  members  who  constitute  the 
tribe.  The  speediest  reform  can  be  attained  by  bringing 
outside  influences  and  forces  to  bear  directly  upon  the  in 
dividual.  The  practical  question  is  this  :  What  are  the 
primary  wants  of  the  Indian  in  order  to  advance  him  and 
fit  him  for  citizenship  ?  and  not,  how  can  tribal  organiza 
tions  be  improved.  He  requires  that  which  cannot  be  dis 
pensed  with,  even  in  the  case  of  civilized  humanity, — active 
law  with  speedy  physical  punishments,  administered  with 
justice  and  moderation.  He  needs  a  stable  rule  of  action 
to  restrain  him  from  committing  injuries  on  the  rights  and 
property  of  others,  and  should  be  punished  and  coerced 
until  he  submits  to  be  guided  by  that  rule.  The  germ  of 
civilization  is  obedience  to  law.  Implant  that  in  the  sav- 


TREATY   SYSTEM.  197 

age  breast,  and  the  beginning  of  a  better  state  is  positively 
secured. 

Government  has  finally  learned  the  necessity  of  localiz 
ing  the  tribes,  in  order  to  advance  their  condition,  but  the 
more  necessary  measure  of  enforced  repression  does  not 
seem  to  be  appreciated.  Should  a  tribe  to-day  break  into 
rebellion,  the  ministers  of  peace  would  be  sent  out  to  pur 
chase  submission.  There  is  danger  now  that  the  Sioux 
nation  may  be  paid  or  hired  to  settle  down  under  its  mere 
promise  to  desist  from  robbery  and  murder.  Far  better 
would  it  be  for  its  ultimate  welfare,  should  hostilities  con 
tinue  until  it  is  obliged  to  beg  for  mercy,  and  seek  pardon 
through  prayerful  intercessions,  even  though  it  be  at  the 
expense  of  all  its  possessions  and  a  large  fraction  of  its 
numbers.  A  misconceived  spirit  of  utility  and  philan 
thropy  would  stay  the  hand  engaged  in  teaching  it  the 
rudimentary  lesson  of  modern  civilization,  and  which  must 
soon  be  again  uplifted  unless  indelibly  fixed  upon  this  oc 
casion. 


CHAPTER  VI. 

REPORTED    CORRUPTION    IN    THE    INDIAN 
BUREAU. 

THE  period  of  bitter  popular  criticism  of  the  action  of 
the  Indian  Bureau  has  again  returned.  As  has  generally 
been  the  case,  it  follows  some  hopeful  effort  at  reform,  or  a 
pretended  determined  test  of  some  particular  feature  of 
Government  policy. 

The  early  trials  at  enlightenment  and  trade  proved 
ineffectual.  The  colonization  measure  with  its  attempted 
seclusion  of  race  was  added  to  the  programme  and  still 
success  was  not  attained.  The  transfer  of  the  Indian 
Bureau  to  a  peace  department,  and  the  substitution  of 
the  olive  branch  for  the  emblems  of  force,  did  not  bring 
promised  results.  The  practice  of  furnishing  subsistence 
was  adopted,  and  yet  this  ungrateful  people  would  not 
appreciate  the  efforts  put  forth  for  its  preservation. 
Education,  Christianity,  and  commerce  were  freely  offered 
to  the  tribes  in  all  the  variable  positions  which  they  passed 
through.  So  sparingly  have  they  been  accepted,  that  two 
opinions  upon  the  possibility  of  Indian  advancement  have 
been  reached.  One,  that  the  Indian  is  incapable  of  civili 
zation,  and  the  other,  that  the  responsibility  for  a  failure  to 
civilize  him  rests  upon  the  Government. 

Those  administrations  which  have  professed  a  marked 
concern  for  the  welfare  of  the  native  race,  and  especially 
those  which  have  undertaken  experiments  in  management, 
have  been  so  confident  in  their  assurances  of  a  speedy 
triumph,  that  popular  belief  has  been  deluded  into  an 


THE   INDIAN    BUREAU.  199 

expectation  of  the  final  realization  of  a  long  deferred  hope. 
But  after  a  few  years  of  expensive  delusion,  anticipations 
have  been  blighted  and  former  convictions  have  been 
again  embraced.  Never  were  people  more  despondent 
than  during  a  brief  period  prior  to  the  inauguration  of  the 
so  called  peace  policy.  Successive  experimental  methods 
had  miserably  failed.  The  party  which  retained  faith  in 
the  capacity  of  the  Indian  to  accept  our  practical  civiliza 
tion,  savagely  arraigned  the  past  policy  of  the  country  and 
the  inefficient  operations  of  the  Indian  Bureau.  The 
commission,  appointed  in  eighteen  hundred  and  sixty- 
nine  to  cooperate  with  the  Administration  in  the  manage-- 
ment  of  Indian  affairs,  fully  expressed  the  views  of  the 
enlightened  majority  of  citizens  in  a  report  which  was  that 
y6ar  submitted.  That  commission  said  :  "  The  history  of 
the  Government  connections  with  the  Indians  is  a  shame 
ful  record  of  broken  treaties  and  unfulfilled  promises. 
The  history  of  the  border  white  man's  connections  with 
the  Indians  is  a  sickening  record  of  murder,  outrage, 
robbery  and  wrong  committed  by  the  former  as  the  rule, 
and  occasional  savage  outbreaks  and  unspeakable  barbar 
ous  deeds  of  retaliation  by  the  latter,  as  the  exception." 
We  quote  at  length  from  another  portion  of  this  report,  as 
the  impediments  supposed  to  have  retarded  the  advance 
ment  of  the  tribes  are  tersely  mentioned. 

"  Paradoxical  as  it  may  seem,  the  white  man  has  been  the 
chief  obstacle  in  the  way  of  Indian  civilization.  The 
benevolent  measures  attempted  by  the  Government  for 
their  advancement  have  been  almost  uniformly  thwarted 
by  the  agencies  employed  to  carry  them  out.  The  soldiers 
sent  for  their  protection  too  often  carried  demoralization 
and  disease  into  their  midst.  The  agent  appointed  to  be 
their  friend  and  counsellor,  business  manager  and  the  al 
moner  of  the  Government  bounties,  frequently  went  among 
them  only  to  enrich  himself  in  the  shortest  possible  time 


200  THE   INDIAN    BUREAU. 

at  the  cost  of  the  Indians,  and  spend  the  largest  available 
sums  of  the  Government  money  with  the  least  ostensible 
beneficial  results.  The  general  interest  of  the  trader 
was  opposed  to  their  enlightenment  as  tending  to  lessen 
his  profits.  Any  increase  of  intelligence  would  render 
them  less  liable  to  his  impositions,  and  if  occupied  in  agri 
cultural  pursuits  their  product  of  furs  would  be  propor 
tionally  decreased.  The  contractors'  and  transporters'  in 
terests  were  opposed  to  it,  for  the  reason  that  the  produc 
tion  of  agricultural  products  on  the  spot  would  necessarily 
cut  off.  their  profits  in  furnishing  army  supplies.  The  in 
terpreter  knew  that  if  they  were  taught,  his  occupation 
would  be  gone.  The  more  submissive  and  patient  the 
tribe,  the  greater  the  number  of  outlaws  infesting  their 
vicinity  ;  and  all  these  were  the  missionaries  teaching  them 
the  most  degrading  vices  of  which  humanity  is  capable. 
If  in  spite  of  these  obstacles  a  tribe  made  some  progress  in 
agriculture,  or  their  lands  became  valuable  from  any  cause, 
the  process  of  civilization  was  summarily  ended  by  driving 
them  away  from  their  homes  with  fire  and  sword  to  undergo 
similar  experiences  in  some  new  locality." 

This  is  almost  the  language  of  invective.  Never  had 
Indian  management  been  more  scathingly  denounced. 
The  commission  had  reviewed  past  operations,  and  met  to 
fix  upon  and  recommend  a  new  system  of  control.  In  its 
opinion  all  public  measures  which  had  been  adopted  had 
tended  to  demoralize  the  Indians  instead  of  making  them 
better,  simply  because  they  were  wickedly  executed.  It 
concluded  that  the  custom  of  meeting  the  tribes  as  inde 
pendent  nations  was  unwise,  and  proposed  that  the  treaty 
farce  be  discontinued,  although  it  substituted  the  tribal 
contract  with  the  Government,  which  in  so  far  as  the  In 
dians  were  concerned  was  nearly  as  detrimental  to  their 
interests  as  the  treaty  proceedings,  since  it  insured  a  con 
tinuance  of  tribal  organizations.  The  remaining  recom- 


THE   INDIAN   BUREAU.  201 

mendations  contained  nothing  novel,  except  the  proposition 
to  establish  a  judicial  tribunal  in  the  Indian  territory,  and 
the  taxation  of  '-'civilized  tribes,"  which  existing  treaties 
forbade,  and  the  transfer  of  such  of  those  branches  of  edu 
cation  as  are  necessarily  acquired  through  the  medium  of 
schools  and  churches,  to  the  religious  denominations  of  the 
country.  Colonization  and  exclusion  were  to  be  carried  to 
the  utmost  limit.  The  most  determined  efforts  were  to  be 
made  to  induce  the  Indians  to  turn  their  attention  to  ag 
riculture,  at  least  in  so  far  as  persuasion  and  material  aid 
could  accomplish  it.  Education  and  religious  instruction 
were  to  be  pursued  with  energy,  and  the  Indian  service  was 
to  be  thoroughly  purified. 

Management  under  this  union  of  church  and  State  was 
commenced.  Men  well  grounded  in  Christian  doctrine  and 
of  marked  piety  were  selected  to  superintend  and  conduct 
affairs,  from  the  distinguished  commissioner  to  the  lowly 
agency  farmer.  The  country  poured  out  its  treasures  with 
a  lavish  hand,  that  the  auspicious  season  of  reform  might 
be  attended  with  full  advantages,  and  that  the  disinterested 
labor  might  be  prosecuted  to  a  glorious  consummation.  In 
the  words  of  the  report  from  which  we  have  quoted,  the 
Government  seemed  determined  "to  protect  the  Indians, 
to  educate  them  in  industry,  the  arts  of  civilization  and  the 
principles  of  Christianity,  elevate  them  to  the  rights  of  citi 
zenship  and  to  sustain  and  clothe  them  until  they  could 
support  themselves."  After  a  trial  of  eight  years,  and  an 
expenditure  of  over  fifty  millions  of  dollars,  the  Indian 
seems  as  far  removed  from  the  desired  condition  of  im 
provement  as  formerly.  The  people  again  cry  out  against 
the  faithless  policy  of  the  Government,  and  the  fraudulent 
transactions  of  those  engaged  in  the  application  of  its 
measures. 

An  arraignment  of  the  Indian  Bureau  on  account  of 
the  looseness  with  which  it  has  conducted  business,  and  the 
9* 


202  THE   1NDIAK    BUREAU. 

disregard  it  has  manifested  for  the  integrity  of  its  agents 
and  factors,  might  strike  a  responsive  sentiment  in  the 
popular  mind.  But  whatever  sins  we  might  be  able  to  dis 
cover,  we  could  not  advocate  the  opinion  so  widely  preva 
lent,  that  Indian  advancement  has  been  materially  checked 
thereby.  Much  less  could  we  agree  to  that  still  more  ultra 
belief,  that  our  Indians  have  been  rendered  more  depraved 
either  in  actions  or  intention  by  the  frauds  which  have  been 
practiced  upon  them.  In  their  native  state  they  did  not 
have  sufficient  virtue  to  allow  evil  example  to  injure  them. 
They  were  not  susceptible  to  demoralization.  The  society 
of  the  whites,  even  of  dishonest  and  immoral  whites,  made 
them  better.  The  crimes  of  contractors,  of  reservation 
agents  and  employes,  have  not  plunged  them  any  deeper 
into  the  mire  of  besotted  ignorance.  In  fact,  all  the  reser 
vation  Indians  have  gradually  improved,  notwithstanding 
all  good  and  law-abiding  citizens  have  been  excluded. 
They  have  Seen  slowly  acquiring  an  intelligence  which 
manifests  itself  in  a  perceptible  progress  in  their  modes  of 
life.  They  might  have  occupied  a  still  higher  plane,  had 
they  been  constantly  under  the  supervision  of  saintly  men, 
who  had  daily  pressed  them  with  wholesome  instruction 
and  advice,  distributed  to  them  all  the  charities  of  Govern 
ment  and  given  to  them  dollar  for  dollar  in  trade.  We  say 
that  they  might  have  improved  faster  under  such  condi 
tions,  for  we  are  not  sure  but  that  a  persistent  course  of 
argument  and  persuasion,  would  have  been  crowned  with 
partial  success,  although  it  is  by  no  means  probable,  that 
they  would  have  voluntarily  practiced  to  any  extent  the 
teachings  received.  Still  the  force  of  an  ever  present  vir 
tuous  example,  would  undoubtedly  produce  some  degree  of 
good.  As  for  Government  bounties  and  honest  exchanges 
in  trade,  independent  of  the  commendable  influence  exerted, 
it  would  make  little  difference  whether  the  Indian  received 
much  or  little.  It  mattered  not,  as  far  as  their  future  wel- 


THE  INDIAH   BUBEAU.  203 

fare  was  concerned,  whether  the  provisions  and  clothing 
purchased  for  them  were  reduced  in  quantity  by  the  action 
of  the  agent  and  contractor,  whether  their  numbers  were 
greatly  over-estimated  when  requisitions  for  supplies  were 
made,  and  amounts  in  excess  of  actual  needs  were  subse 
quently  stolen,  or  whether  they  received  a  great  or  small 
price  for  the  robes  and  peltries  sold  to  their  traders.  Large 
receipts  and  returns  rather  encouraged  indolence.  They 
did  not  tend  to  increase  the  agricultural  field,  and  they 
made  the  labors  of  the  chase  less  necessary. 

But  if  the  dishonest  practices  of  the  contractors  and  em 
ployes  of  the  Indian  Department  have  not  demoralized  the 
native  race,  they  have  exerted  a  most  corrupting  influence 
upon  the  public  service  generally.  The  expert  application 
of  the  principles  of  casuistry,  which  agents  and  contractors 
have  been  enabled  to  make,  the  frauds  which  have  become 
deep  rooted  because  legalized  by  sanctioned  custom,  have 
continued  to  debauch  those  who  do  business  with  the  In 
dian  Bureau,  and  has  sadly  affected  public  morals  through 
out  a  large  section  of  the  country.  The  tendency  has  been 
from  bad  to  worse,  and  the  strenuous  efforts  put  forth  to 
purify  the  service,  have  not  even  arrested  unlawful  trans 
actions. 

The  would-be  reformers  attribute  their  failure  to  vari 
ous  causes.  They  seem  to  lose  sight  of  the  fact,  that  the 
nature  of  Indian  management  and  the  circumstances  which 
have  attended  it,  have  been  calculated  to  produce  corrupt 
action.  The  Government  policy  was  created  in  deceit. 
The  recognition  of  the  tribes  as  nations  was  an  artifice. 
Negotiations  with  them  have  been  conducted  with  a  ficti 
tious  dignity,  and  many  stipulations  indicate  that  our  com 
missioners  resorted  to  finesse  and  skillful  manipulation. 
The  most  stupid  white  men  of  the  West,  who  have  practical 
knowledge  of  the  Indians,  detect  the  falsehood  which  has 
been  practiced  and  ridicule  its  absurdity.  What  wonder 


204:  THE   INDIAN    BUREAU. 

then,  that  those  more  gifted  should  be  tempted  by  the  spirit 
of  deception,  and  be  inclined,  when  opportunity  offers,  to 
avail  themselves  of  advantages  under  their  control.  A  policy 
founded  in  deceit,  although  with  laudable  intentions,  would 
naturally  shed  an  unhappy  influence  over  those  engaged  to 
carry  it  out.  There  are  several  other  and  much  more 
cogent  reasons,  which  might  be  assigned  in  attempting  to 
account  for  fraudulent  practices  in  the  Indian  service.  The 
business  of  the  Bureau,  as  indeed  business  in  all  the  De 
partments  of  Government,  is  carried  on  through  circuitous 
channels.  Transactions  begin  with  the  agents  and  are 
completed  under  their  supervision.  They  report  the  nu 
merical  strength,  condition  and  necessities  of  their  tribes, 
which  outside  of  the  treaty  stipulations  govern  appropria 
tions.  They  receive  and  distribute  the  supplies  which  are 
purchased  in  the  large  markets,  and  transported  under 
contract  to  the  agencies.  They  disburse  or  witness  the 
payment  of  money  annuities  to  the  treaty  Indians.  An 
efficient  agent  would  not  only  look  after  those  matters 
which  come  directly  under  his  observation,  but  would  in 
form  himself  of  the  exact  amount  of  the  yearly  appropria 
tion  intended  for  his  own  particular  tribe,  would  know  the 
cost  of  supplies  at  the  places  of  purchase,  and  the  actual  ex 
pense  attending  transportation.  He  would  carefully  verify 
all  stores  received,  estimate  their  probable  value  and  attend 
to  their  distribution  or  preservation.  He  would,  by  fol 
lowing  such  a  course  of  conduct,  allow  but  slight  opportu 
nity  for  peculation  to  the  middle  men,  or  to  those  who 
stand  between  him  and  the  head  of  his  bureau  in  business 
relations.  With  honest,  zealous  and  capable  agents,  the 
Indian  service,  even  as  now  constituted,  might  be  purified  ; 
but  reform  is  impossible  as  long  as  they  are  roguish  or  in 
competent.  They  are  responsible  in  a  certain  sense  for 
nearly  all  the  iniquity  which  has  been  perpetrated,  even  if 
innocent  of  the  sin  of  commission,  since  they  might  have 


THE   INDIAN   BUREAU.  205 

discovered  and  reported  it,  and  have  been  the  instruments 
in  bringing  the  guilty  to  punishment. 

The  difficulty  in  securing  an  upright  and  well  qualified 
class  of  agents  would  not  appear  to  be  very  great,  but  it 
has  proved  insurmountable.  It  requires  marked  ability 
of  a  practical  nature,  to  control  efficiently  a  large  Indian 
agency.  The  responsible  person  of  a  well  peopled  reserva 
tion,  should  also  possess  in  a  high  degree  the  Christian  vir 
tues  of  patience  under  repeated  failures,  and  hope  under  bit 
ter  disappointments.  Character  and  intelligence  combined 
have  a  high  market  value,  and  the  Government  endeavors 
to  obtain  them  at  the  moderate  sum  of  fifteen  hundred 
dollars  per  year.  This  is  impossible  unless  men  endowed 
with  those  qualifications  can  be  secured,  who  are  willing  to 
sacrifice  their  personal  comforts  and  private  interests  for 
the  public  good.  The  churches  inspected  their  flocks  to  find 
such  men  for  appointment,  but  honesty  was  unaccompanied 
by  capacity,  and  when  competency  was  acquired,  integrity 
was  too  often  wanting.  Many,  who  had  previously  sus 
tained  excellent  reputations,  were  charged  with  the  grossest 
frauds  and  were  allowed  to  retire  from  the  Indian  country. 
Some  who  were  in  straightened  circumstances  when  they 
undertook  the  management  of  an  agency,  now  compute 
their  wealth  with  very  expressive  figures. 

Let  no  one  smile  at  these  exhibitions  of  weakness  and 
corruption.  It  is  more  surprising  that  a  few  of  the  recently 
appointed  agents  have  resolutely  performed  their  duties 
than  that  a  large  share  have  betrayed  their  trust.  We  do 
not  advocate  the  rejected  doctrine  of  a  former  age,  that 
the  moral  sentiment  is  begotten  and  lives  in  utility.  We 
believe  in  the  continued  and  wide-spread  existence  of 
vicarious  suffering,  and  think  that  self-imposed  restraint  is 
frequently  due  to  the  mere  love  of  truth  and  right.  But 
we  also  believe  that  professed  morality  is  as  often  the  con 
sequence  of  public  opinion  as  of  individual  conscience. 


206  THE   INDIAN   BUREAU. 

Faultless  conduct  on  the  part  of  the  Indian  agent  is  not 
incited  by  a  surrounding  social  impulse.  He  is  not  in 
spired  by  the  healthy  moral  atmosphere  which  pervades  a 
civilized  Christian  community.  Far  removed  from  those 
hitherto  attendant  influences  which  have  assisted  to  sup 
port  and  stay  him  in  other  pursuits  of  life,  constantly 
mingling  of  necessity  with  the  squalid  natives  who  prac 
tice  every  form  of  vice,  he  is  dependent  on  conscience  only 
for  guidance.  If  his  moral  perceptions  are  not  clear  and 
positive,  in  fine,  if  he  is  not  a  law  unto  himself,  his  steps  are 
certain  to  deviate  from  the  straight  and  narrow  path  of 
rectitude.  The  evils  which  beset  him  give  him  unceasing 
battles.  He  daily  passes  through  temptation  in  the  wilder 
ness.  Unless  thoroughly  governed  by  philanthropic  or  mis 
sionary  motives,  he  is  apt  to  turn  from  the  pittance  allowed 
him  as  compensation  and  which  would  barely  support  him 
at  a  far  off  agency,  to  be  reached  only  over  long  routes  of 
travel,  and  endeavor  to  ascertain  the  emoluments  belonging 
to  his  office.  Here  he  generally  strikes  the  rock  which 
wrecks  him.  His  initiatory  schemes  to  improve  his  pecu 
niary  condition  in  a  way  which  shall  neither  defraud 
Government  nor  wrong  his  wards,  are  worked  out  with 
marvelous  dexterity,  and  carefully  measured  by  the  rules 
of  a  persuaded  conscience.  Instructors  in  a  very  pliant 
code  of  ethics  attend  him  in  the  persons  of  contractors  and 
assistants — all  of  whom  are  interested  in  his  decisions,  and 
soon  under  the  circumstances  moral  convictions  cease  to 
impede  the  celerity  of  his  mental  processes.  When  an 
agent  embraces  the  error  that  emoluments  attach  to  his 
position,  and  considers  them  as  a  portion  of  the  compensa 
tion  to  which  he  is  entitled,  the  chances  are  that  he  will 
descend  from  moral  wrong  to  positively  criminal  proceed 
ings.  As  long  as  he  maintains  and  is  governed  by  the 
correct  opinion  that  private  gain  cannot  be  acquired 
through  official  transactions ;  that  the  Government  is  en- 


THE   INDIAN"   BUREAU.  207 

titled  to  all  the  benefits  of  his  business  operations  ;  that  he 
is  honorably  bound  to  exert  himself  for  the  good  of  the 
service  in  which  he  has  engaged  and  for  the  welfare  of  the 
tribe  placed  under  his  superintendence;  that  the  word  emol 
ument  as  applied  to  his  situation  is  but  an  agreeable  name 
for  plunder  or  unlawful  exactions,  he  stands  secure  against 
all  solicitations  and  assaults. 

There  is  another  class  of  agents  who  enter  the  Indian 
service  without  fixed  determinations  to  honestly  perform 
their  duties,  but  really  for  the  purpose  of  enriching  them 
selves.  Given  appointments  in  consideration  it  may  be  of 
labor  performed  in  the  interest  of  political  parties,  or  possi 
bly  at  the  instance  of  influential  friends,  they  seem  to  put  off 
and  securely  pack  away  at  their  homes  their  moral  and  re 
ligious  convictions,  with  the  intention  of  returning  and 
again  assuming  them  when  they  shall  have  accumulated 
fortunes.  They  seek  to  commit  and  conceal  crime  if  by 
so  doing  they  can  acquire  money.  The  avenues  of  fraud 
open  to  them  are  many,  and  are  so  loosely  guarded  that 
they  can  be  traveled  without  much  fear  of  detection. 
Both  the  Government  and  the  Indians  are  at  the  mercy  of 
these  men.  The  former  has  no  effective  system  by  which 
their  offences  can  be  brought  to  light,  and  the  latter  are  too 
ignorant  to  understand  the  meaning  of  their  dubious  prac 
tices.  They  can  choose  either  of  the  two  to  proceed  against, 
or  can  operate  upon  both  at  one  and  the  same  time.  As  a 
question  depending  only  for  its  determination  upon  the 
material  interests  of  the  two  parties,  the  tribe  offers  the 
best  point  of  attack,  since  its  losses  would  not  be  of  serious 
importance,  while  the  Government  must  replace  all  amounts 
stolen.  If  the  agents,  through  a  wrongful  enumeration, 
receive  for  distribution  more  stores  than  are  allowed  the 
Indians  under  existing  regulations,  and  appropriate  the 
excess  to  their  own  use,  or  convert  it  into  money  for  their 
own  benefit ;  if  they  base  profitable  private  bargains  upon 


208  THE   INDIAN   BUREAU. 

official  agreements,  either  in  the  award  or  fulfillment  of 
public  contracts,  they  draw  from  the  substantial  wealth  of 
the  United  States,  because  they  take  from  the  treasury 
that  which  must  be  replaced  by  taxation.  But  the  ma 
jority  of  Indian  supplies  are  intended  for  consumption. 
They  are  eaten  or  worn  out  and  yield  no  resulting  profit. 
It  is  a  matter  of  little  moment  to  the  tribes  whether  or  not 
they  are  cut  short  upon  their  promised  subsistence  in  case 
they  dwell  in  a  region  abounding  in  wild  meat,  nor  whether 
they  receive  few  or  many  blankets  if  robes  can  be  easily 
obtained  by  them. 

The  experienced  agents  take  this  view  of  the  subject. 
They  perceive  that  the  food  and  raiment  furnished,  are 
not  used  to  sustain  labor,  nor  expended  in  production  ;  that 
they  do  not  assist  to  fix  upon  the  tribes  more  civilized 
habits.  Their  crimes  then  in  keeping  back  parts  of  those 
classes  of  annuities  or  presents,  do  not  present  themselves 
in  their  real  magnitude.  They  are  also  conscious  that 
money  payments  to  Indians,  especially  to  those  undomiciled, 
and  the  teachers,  mechanics,  farmers  and  laborers  employed 
for  their  instruction,  in  accordance  with  treaty  stipula 
tions,  are  of  slight  advantage  in  promoting  permanent  im 
provement.  If  then  they  can  by  a  skillful  rendition  of  ac 
counts  make  forced  vouchers  support  asserted  disburse 
ments  ;  if  they  can  by  carefully  prepared  rolls  of  mythical 
employes,  or  of  persons  actually  serving  but  at  a  less  rate 
of  monthly  compensation  than  that  reported  and  allowed 
by  the  Government ;  if  they  can  by  such  or  similar  falsifica 
tions  enrich  their  pockets,  they  are  not  in  their  judgments 
guilty  of  great  enormities,  as  they  have  not  inflicted  serious 
injury  upon  third  parties. 

He  who  attempts  to  soothe  his  conscience  by  reflections 
of  this  nature,  has  made  considerable  progress  down  the 
slippery  inclined  plane  which  terminates  in  moral  depravity. 
He  would  be  willing  to  confess  that  by  solemn  contract 


THE   INDIAN   BUREAU.  209 

with  the  Government,  the  Indians  were  entitled  to  the 
money  and  goods  he  had  appropriated,  but  his  argument 
runs  in  this  wise  :  li  They  would  not  do  the  Indians  any 
good,  and  I  might  as  well  have  them  as  to  see  them  thrown 
away.  I  have  not  stolen  from  Government,  but  have  merely 
saved  that  which  the  Indians  would  have  wasted." 

It  would  seem  that  the  conscience  which  could  be 
quieted  by  this  fallacious  reasoning,  too  thin  even  to  be 
termed  sophistry,  had  lost  all  power  of  reproof ;  but  words 
of  like  import  are  sometimes  heard  in  palliation  of  offences. 
Could  we  discover  the  questions  which  engage  the  mind 
of  its  possessor  they  would  probably  resemble  these  :  "  Can 
I  hope  to  conceal  my  action  ?  Can  I  do  this  thing  and 
escape  punishment  if  detected  ?"  Such  an  individual  has 
passed,  if  indeed  he  has  not  always  been  in  advance  of,  that 
period  of  hesitancy  when  inquiries  are  made  after  this 
manner  :  "  Can  I  honestly  give  this  contract  to  my  friend 
who  engages  to  fill  it  at  the  figures  of  the  lowest  bidder, 
and  to  liberally  reward  me  if  I  will  befriend  him  upon 
this  occasion  ?  I  have  complied  with  the  strict  letter  of 
the  law.  I  have  advertised  for  proposals.  I  have  secured  a 
fair  competition.  Neither  the  Government  nor  the  Indians 
will  experience  loss  if  I  accept  the  offer,  and  I  shall  be 
materially  benefited  thereby."  He  has  passed,  we  say, 
beyond  the  childhood  of  his  crimes  when  a  whispering 
conscience  can  cause  him  to  linger  before  taking  an 
advancing  dishonest  step,  and  he  is  only  checked  in  his 
course  by  a  dread  of  worldly  punishments.  As  chance 
favors  him  he  becomes  either  the  corrupt  servant  or  the 
swindling  guardian.  The  money  of  the  Government  and 
the  stores  of  the  Indians  are  alike  subject  to  his  avarice. 

But  where  are  the  evidences  of  the  past  or  present  ex 
istence  of  frauds  in  the  Indian  service  ?  Upon  what  estab 
lished  facts  are  the  insinuations  contained  in  the  few  pre 
ceding  pages  based  ?  Pertinent  questions  and  difficult  to 


210  THE   ItfDIAtf   BUREAU. 

be  answered.  The  courts  of  law  have  not  busied  them 
selves  in  attempts  to  establish  the  crimes  committed  in 
that  Bureau.  Agents  are  allowed  to  withdraw  or  are  re 
moved  from  their  positions  on  suspicion  of  guilt,  and  are 
not  often  subjected  to  searching  investigations.  They  are 
also  frequently  succeeded  by  others  for  political  party  con 
siderations,  after  a  brief  tenure  of  office,  before  belief  in 
their  ill  conduct  is  generally  established,  and  are  never  dis 
turbed  in  their  retirement. 

It  would  be  very  difficult  to  bring  them  to  justice  even 
if  seriously  attempted.  The  system  under  which  they 
transact  business  is  favorable  to  the  concealment  of  official 
corruption.  Receiving  large  quantities  of  stores  for  distri 
bution,  they  issue  directly  to  the  tribes,  and  support  their 
action  by  the  signature  or  rather  the  pen  mark  of  the  chiefs. 
Should  they  distribute  only  a  portion  of  the  supplies  re 
ceived,  they  could  if  they  chose  cover  the  pretended  issue  of 
the  entire  quantity  without  perplexity,  for  the  Indians  in 
their  ignorance  will  usually  receipt  any  paper  presented  to 
them  upon  simple  request.  The  latter  know  not  the  value 
of  the  articles  given  them.  They  are  unable  in  most  in 
stances  to  compute  amounts,  and  few  have  any  positive 
knowledge  of  measurements  and  weights  or  the  shares  to 
which  they  are  entitled  under  the  instructions  of  the  Gov 
ernment.  The  agent  too  holds  over  them  the  rod  which 
will  enforce  acquiescence,  since  he  is  able  to  withhold  sup 
plies  until  they  accede  to  his  demands. 

What  better  opportunity  could  a  dishonest  person  wish, 
or  what  greater  temptation  could  a  feeble-minded  one  have, 
than  is  here  presented  ?  With  no  one  present  who  could 
bear  testimony  against  him  except  his  confidential  clerk, 
he  can  deal  out  from  his  well  filled  store-house  the  whole 
or  a  proportional  part  of  the  goods  which  should  rightfully 
be  turned  over  to  the  tribe,  and  then  can  by  simple  arith 
metical  calculations,  make  his  official  return  to  the  Depart- 


THE   INDIAN    BUREAU.  211 

ment  in  such  manner  as  may  best  suit  his  purposes.  The 
receipt  rolls  signed  by  the  chiefs  support  his  abstract  of 
issues,  and  he  has  in  his  possession  the  evidences  of  a  legally 
executed  transaction,  which  cannot  be  opened  for  investi 
gation,  except  upon  very  strong  averments  of  fraud  on  the 
part  of  white  people,  none  of  whom  have  personal  knowl 
edge  of  the  proceedings. 

But  what  shall  be  done  with  the  stores  converted  to  pri 
vate  use  ?  They  may  be  disposed  of  in  various  ways. 
They  may  be  secretly  conveyed  to  a  distant  market  or  often 
sold  in  the  vicinity.  They  may  be  used  to  cover  a  subse 
quent  issue,  and  receipts  for  goods  never  delivered  be  passed 
for  a  consideration  to  a  contractor.  It  might  be  more  con 
venient  to  receipt  in  excess  in  the  first  instance  ;  to  take 
at  the  hands  of  the  contractor  furnishing  supplies  yearling 
cattle,  instead  of  the  heavy  beef  demanded  by  the  Govern 
ment,  and  deal  out  the  same  as  fat  oxen;  also  to  take  like 
action  in  regard  to  other  articles.  The  shortage  can  be 
made  up  during  the  season  and  none  will  be  aware  of  the 
frauds,  excepting  those  participating  in  the  profits ;  and 
made  up  thoroughly  too  without  an  entry  on  the  page  of 
profit  and  loss,  or  without  a  single  submitted  statement  of 
gains  and  wastage  in  issues.  It  is  a  curious  fact  that  con 
tractors  uniformly  furnish  good  stores  and  that  the  trans 
porter  always  delivers  a  complete  and  undamaged  cargo. 
Unavoidable  loss  "  by  the  act  of  God  or  the  public  enemy  " 
seldom  occurs.  We  have  heard  of  complete  destruction  by 
fire,  but  an  uncharitable  public  immediately  charged  the 
agent  with  arson. 

When  concealment  is  so  easy  of  accomplishment,  none 
but  the  most  careless  of  blunderers  would  be  in  danger  of 
exposure,  unless  the  partners  of  their  crimes  should  divulge 
the  joint  wickedness  ;  and  it  is  not  therefore  to  be  won 
dered  at,  that  the  courts  should  not  be  called  upon  to  de 
termine  questions  of  guilt,  nor  that  suspicion  is  so  frequently 


212  THE  INDIAN  BUREAU. 

framed  upon  a  knowledge  of  actions  which,  trivial  in  them 
selves,  are  considered  of  questionable  morality  under  the 
circumstances. 

The  prevailing  belief  of  the  hitherto  wide  spread  cor 
ruption  within  the  Indian  Bureau  is  not  based  upon  posi 
tive  evidence,  and  yet  it  is  as  firmly  impressed  upon  the 
public  mind  as  a  belief  in  the  existence  of  the  Indian  him 
self.  In  high  and  in  low  places  the  opinion  is  openly  pro 
claimed  without  contradiction.  A  western  senator  in  his 
official  place  said  but  a  few  years  since  :  "I  believe  that 
more  than  one  half  of  all  accounts  that  have  been  sent  in 
for  the  last  ten  years  from  the  Indian  country  have  been 
fraudulent — more  than  half  of  the  whole  amount  have  been 
manufactured." 

Said  the  Chairman  of  the  Senate  Committee  on  Indian 
Affairs,  who  warmly  supported  the  peace  policy  of  the  late 
administration  :  "  I  believe  there  are  voucher  thieves  still. 
There  are  men  who  still  cheat  in  the  value  or  number  of  the 
cattle  they  sell  to  the  Government.  There  are  men  who 
still  cheat  in  transportation  contracts.  So  great  a  service  as 
this,  extending  over  so  large  a  territory,  is  exceedingly  diffi 
cult  to  purify  effectually;  but  I  believe  there  has  been  a 
purer  administration  in  this  respect  during  the  past  year 
or  two  than  heretofore." 

In  the  towns  and  small  cities  of  the  plains,  the  agent 
though  eminently  respectable,  is  supposed  to  hold  a  lucra 
tive  position  simply  because  he  has  what  are  termed  chances. 
He  is  called  moderately  economical  if  he  can  save  from 
five  to  ten  thousand  dollars  yearly  out  of  his  salary  of  fif 
teen  hundred.  The  constant  allusion  to  the  Indian  Ring 
and  its  reported  swindling  operations,  is  bewildering  to  the 
stranger,  and  he  imagines  its  existence  in  some  huge  invisi 
ble  Briareus  which  stretches  its  one  hundred  hands  over  the 
whole  western  country,  manipulates  all  officers  of  the  In 
dian  Bureau,  defrauds  the  Government  and  robs  the  natives. 


THE   INDIAN   BUREAU.  213 

But  if  this  universal  belief  in  corruption. is  not  based 
upon  positive  evidence,  there  is  much  of  a  circumstantial 
nature  to  sustain  it.  The  frequent  and  speedy  transition 
from  poverty  to  opulence,  on  the  part  of  those  engaged  in 
the  Indian  service,  offers  the  argument  which  many  use  to 
uphold  their  opinions  ;  and  indeed  one  is  forcibly  impressed 
when,  passing  through  some  of  the  western  cities,  he  ascer 
tains  the  former  occupation  of  those  who  wear  soft  raiment 
and  live  in  luxurious  palaces.  The  reports  of  strange  pro 
ceedings  which  are  spread  from  many  of  the  agencies,  the 
eagerness  manifested  to  secure  Indian  contracts  at  figures 
below  paying  prices,  the  silence  of  those  charged  with  guilt, 
and  the  boastful  confessions  of  those  who  claim  to  have 
profited  in  some  slippery  speculation,  the  complaints  of  the 
Indians  themselves  who  seem  to  have  an  established  faith 
in  the  dishonesty  of  the  whites  who  feed  them,  and  perform 
their  labors,  all  indicate  that  there  are  and  have  been  grave 
abuses  which  require  correction,  and  that  the  servants  of  the 
Government  have  and  still  are  taking  illegal  advantages. 

Whether  these  abuses  are  as  grievous  and  common  as 
the  careless  commentaries  of  the  people  of  the  West  would 
lead  one  to  suppose,  may  be  doubted.  That  people  are 
very  imaginative.  They  are  harsh  and  uncharitable  in 
their  criticisms  of  official  action,  and  they  are  apt  to  mis 
construe  personal  intention  in  private  life.  I  would  not 
affirm  that  this  peculiarity  has  become  a  fixed  trait  of 
character,  nor  on  the  other  hand  that  it  is  the  result  of  a 
general  misunderstanding  of  motives.  The  cause  of  its 
prevalence  might  be  attributed  to  the  unsettled  condition 
of  society,  and  the  speculative  spirit  which  pervades  all 
classes  of  business.  It  might  also  be  sought  in  a  slightly 
diseased  moral  organism,  which  is  prominently  displayed 
in  Indian  matters.  The  West  has  not  that  high  apprecia 
tion  of  the  sacred  rights  of  the  natives  which  is  manifested 
on  the  Atlantic  coast.  It  has  about  the  same  idea  of  their 


214  THE   INDIAN   BUREAU. 

virtues  and  vices  which  the  east  entertained  a  century  ago. 
Ever  since  the  formation  of  the  earliest  board  for  the 
direction  of  Indian  affairs  organized  in  Spain  in  fourteen 
hundred  and  ninety-three,  to  control  commercial  regula 
tions  with  the  natives  of  America,  there  has  been  an  in 
clination  to  derive  profit  through  Indian  trade  and  man 
agement.  Those  who  come  in  contact  with  the  tribes 
experience  a  desire  to  share  in  their  bounties  or  in  some 
way  reap  the  full  advantages  of  the  situation.  Besides,  the 
West,  though  rich  in  expectations  and  imaginary  prospects, 
is  very  poor  in  reality.  A  large  Indian  appropriation  is  a 
golden  egg  which  measurably  relieves  the  pressure  of  pov 
erty  and  assists  to  build  up  the  waste  places.  Next  to  a 
prolonged  war  a  vigorous  peace  policy  is  most  beneficial  in 
a  pecuniary  point  of  view.  The  temptation  to  serve  the 
Government  in  its  work  of  Indian  civilization  becomes,  in 
the  absence  of  other  remunerative  occupation,  irresistible, 
and  many  citizens,  who  can  command  the  means  and  in 
fluence,  seek  to  participate  in  the  labor.  Competition  to 
secure  favor,  so  profitable  in  success,  creates  hostility  be 
tween  individuals,  which  gives  rise  to  wholesale  accusations 
and  recriminations.  It  has  been  remarked  that  in  some 
of  the  territories  the  most  spotless  character  was  subject 
to  malignant  attack.  This  is  doubtless  the  opinion  of  the 
eminent  and  philanthropic  gentlemen  who  composed  the 
late  Indian  Board,  and  also  of  many  of  the  sacrificing  mis 
sionaries  who  have  been  most  wickedly  slandered.  Care 
less  in  expression,  rather  heedless  of  evil  report  when  it 
does  not  affect  business  interests,  and  then  most  eloquently 
vindictive  ;  liberal,  hospitable,  energetic  and  enterprising, 
the  people  who  dwell  upon  the  frontier  or  near  to  the  In 
dian  country,  are  inclined  in  some  degree  to  build  their 
statements  of  facts  upon  imaginative  theories,  and  many  of 
the  stories  of  fraud  which  are  repeated  may  be  but  the 
baseless  fabrics  of  their  visions. 


THE   ItfDIAK   BUBEAU.  215 

If  however  this  mass  of  floating  rumor  contains  but  an 
inconsiderable  element  of  truth,  the  fact  of  its  existence 
compels  a  painful  inference.  A  sign  of  demoralization  is 
betrayed  by  a  people  who  originate  and  spread  abroad  un 
founded  accusations  against  a  class  of  its  citizens.  It  is 
more  than  probable  that  where  many  Indian  frauds  are 
charged  there  is  an  inclination  to  commit  them  when 
opportunities  are  favorable,  especially  when  a  charge  of 
that  character  does  not  detract  from  the  respectability  of 
the  proclaimed  offender,  as  it  does  not  seem  to  do  in  the 
west.  Those  who  manufacture  reports  and  those  who  busy 
themselves  in  disseminating  them  are  very  likely  prepared 
to  act  as  they  accuse  others  of  acting,  when  they  may  be 
surrounded  by  similar  circumstances.  That  society  is  in 
an  unhealthy  state  in  regard  to  morals  which  confessedly 
believes  and  yet  smiles  at  such  rumors  ;  which  can  receive 
into  its  confidence  at  the  termination  of  official  transactions, 
the  Indian  agent  or  contractor,  whose  evil  practices  it  has 
published  with  a  thousand  tongues.  It  shows  by  its  con 
duct  that  it  is  influenced  by  a  dishonest  policy,  or  that 
its  moral  sentiments  are  somewhat  blunted.  Though 
sound  it  may  be  in  its  judgments  of  those  matters  which 
concern  individual  citizens  alone,  ready  to  condemn  and 
ostracise  any  of  its  members  who  wilfully  defraud  or  com 
mit  injury  upon  the  whites,  it  not  only  throws  the  mantle 
of  charity  over  those  of  its  members  whom  it  charges  with 
robbing  the  Indian,  and  through  him  the  Government,  but 
receives  them  with  favor  and  invests  them  with  power. 
The  conclusion  is  inevitable  whether  reports  are  true  or 
false,  that  the  West,  far  from  being  the  valuable  censor  of 
business  proceedings  between  the  Government  and  the 
tribes  which  its  position  would  enable  it  to  assume,  is  either 
culpably  interested  in,  or  indifferent  to,  peculation  in  the 
Indian  service. 

This  unfortunate  condition  of  sentiment,  so  pernicious 


216  THE   INDIAN   BUREAU. 

to  right  conduct  on  the  part  of  that  large  number  of  citi 
zens  who  measure  latitude  of  action  by  public  opinion,  and 
who  engage  in  some  capacity  or  other  in  the  work  of  fur 
nishing  and  distributing  supplies,  has  been  developed  during 
many  years  of  Indian  mismanagement  and  abuse.  It  can 
not  be  expected  to  correct  itself  while  the  opportunities 
which  have  allowed  it  to  grow  continue,  not  only  because 
misappropriation  is  excused  or  tolerated,  but  for  the  fur 
ther  reason  that  those  who  reap  the  advantages  exert  suf 
ficient  influence  to  bend  public  opinion  to  their  will.  As 
long  as  the  tribes  occupy  present  local  relations  to  the  peo 
ple  of  the  West  and  are  the  recipients  of  large  Government 
bounties  which  are  dispensed  under  present  existing  regu 
lations,  contractors  and  freighters  of  Indian  supplies  will 
cheat  or  demoralize  weak-minded  agents,  and  will  enter 
into  combinations  to  effect,  by  promises  of  reward  or  divis 
ion  of  spoils,  the  guilty  cooperation  of  those  who  are  more 
capable  and  who  intend  to  honestly  perform  their  duties. 
The  only  measure  which  can  purify  the  service,  in  case  it  is 
continued  under  present  existing  rules,  is  the  substitution 
of  men  of  known  integrity  and  capacity,  of  untiring  indus 
try,  of  moral  courage  and  aggressive  temperament,  who  will 
seek  out  and  fearlessly  expose  attempts  at  corruption,  in 
the  place  of  the  incompetent  agents  of  the  past. 

The  inspecting  system  adopted  a  few  years  since  is  a 
futile  endeavor  at  purification  or  reform.  Unless  the  in 
spectors  can  personally  number  the  Indians  who  are  fed  at 
the  agencies,  unless  they  can  personally  determine  the 
quality  and  quantity  of  supplies  received,  unless  they  can 
personally  verify  the  pay-rolls  and  pass  a  skillful  judg 
ment  on  the  value  of  the  labor  rendered,  unless  they  can 
personally  witness  issues  of  stores  to  Indians,  their  inspec 
tions  are  but  a  formal  and  meaningless  procedure.  All 
this  cannot  be  accomplished  without  constant  presence 
and  ceaseless  vigilance.  The  numbers  of  the  uncivilized 


THE   INDIAN   BUREAU.  217 

tribes  present  at  agencies  vary  at  almost  every  issue,  and 
sometimes  large  bands  are  absent  therefrom  and  do  not  re 
ceive  subsistence  for  a  period  of  many  successive  weeks. 
The  pay-rolls  always  contain  as  many  names  as  the  law 
and  appropriation  allow,  whatever  may  be  the  number  of 
assistants  and  employes  actually  retained.  The  issue  of 
stores  may  be  cut  short  at  any  time,  and  the  savings  dis 
posed  of  by  an  agent,  before  danger  of  detection  can  arise 
through  an  official  verification  of  amounts  on  hand  with 
reported  amounts. 

It  might  be  suggested  that  an  inspector  could  obtain 
information  upon  such  matters  other  than  that  which  his 
observation  would  furnish  him.  But  should  he  consult 
the  attaches  of  an  agency,  or  the  few  citizens  in  the  vicinity, 
he  would  find  them  wonderfully  ignorant.  He  would  not, 
if  he  understood  the  character  of  the  Indians,  place  credit 
in  the  complaints  which  they  might  make,  for  they  uni 
formly  express  themselves  as  dissatisfied.  Their  regard  for 
veracity  is  very  well  displayed  in  the  remark  of  a  distin 
guished  chief  against  whose  people  another  tribe  made 
complaint  of  unjust  action  :  "  All  Indians  lie.  I  lie  myself, 
but  that  tribe  greatly  excels  us  in  that  accomplishment." 
In  the  majority  of  instances  they  are  unable  to  report  the 
amounts  received  with  exactness,  nor  do  they  know  to 
what  they  are  entitled.  The  grain  of  truth  which  an 
inspector  might  glean  from  such  a  source,  could  not  be 
separated  from  the  abundance  of  falsehoods  which  would 
accompany  it. 

Even  on  the  supposition  that  inspectors  will  escape  the 
pernicious  influences  which  surround  them  in  their  labors, 
it  is  doubtful  if  any  system  of  inspection  can  be  devised 
:hrough  which  detection  can  be  made  certain,  while  the 
igencies  maintain  present  relations  to  white  population  or 
yhile  existing  regulations  govern  responsibility.  Purifi 
cation  is  a  more  difficult  task  than  preservation.  The 
10 


218  THE   INDIAN   BUREAU. 

attempt  to  bring  honorable  dealings  out  of  long  practiced 
fraud  and  deceit  is  always  an  undertaking  of  vast  propor 
tions,  and  it  is  doubly  so  as  regards  the  Indian  service, 
since  watching  will  rarely  be  able  to  detect  and  bring  to 
punishment.  The  honest,  competent,  fearless  and  aggres 
sive  agent  is  the  one  thing  needful,  and  if  he  cannot  be 
obtained,  all  reformatory  trials  of  the  present  system  will 
prove  abortive.  He  is  unquestionably  in  the  market  but 
does  not  hold  himself  at  the  price  which  Government 
offers.  The  annual  fifteen  hundred  dollars  would  hardly 
influence  him  to  bear  the  odium  which  now  begins  to  be 
attached  to  the  office  in  the  public  estimation,  and  to  bat 
tle  with  those  who  would  use  him  if  possible  for  their 
pecuniary  advantage.  This  risk  of  character,  with  its 
attendant  labors  which  he  must  assume,  is  not  we  know 
taken  into  consideration  in  fixing  compensation,  and  yet  it 
is  the  source  of  great  annoyance  and  perplexity.  If  the 
agent's  reputation  for  probity  is  not  firmly  and  widely 
established,  a  public  press  finds  as  a  cause  for  Indian  com 
plaints  and  outbreaks,  though  without  proof,  his  thefts 
or  evil  practices.  If  he  turns  from  and  exposes  the  offers 
of  contractors,  if  he  resists  the  blandishments  of  the 
corrupt,  he  will  probably  be  called  upon  to  meet  bitter 
assaults  upon  both  his  private  character  and  official  actions. 
The  business  man  of  the  frontier  is  a  shrewd  manipula 
tor  of  reputations.  Through  his  score  of  affidavit-men,  as 
they  are  called,  he  is  enabled  to  bear  about  with  him  in  his 
pocket  the  record  of  his  enemy's  dishonor.  Unless  the 
director  of  a  large  agency  is  above  suspicion,  he  will  most 
likely  be  worsted  in  the  con  test  and  be  sent  into  retirement 
humiliated  and  ostensibly  disgraced.  To  subject  one's  self 
to  such  a  risk,  which  in  itself  would  retard  many  a  con 
scientious  and  proud-spirited  individual  from  assuming  the 
position  of  an  agent,  is  worthy  of  some  recompense. 

It  is  not  safe  to  declare  that  increased  salaries  would 


THE   INDIAN   BUREAU.  219 

produce  honest  servants,  but  the  proposition  that  they 
would  draw  into  the  field  of  labor  men  of  a  higher  stamp 
might  pass  unchallenged.  The  latter  is  a  result  particu 
larly  desired  for  the  success  of  the  present  policy,  as  it 
would  be  an  advancement  in  the  direction  of  integrity  and 
efficiency.  The  tendency  of  Indian  administration  has  for 
many  years  been  toward  open  and  shameless  corruption. 
Could  the  tendency  be  checked  and  a  start  made  in  the 
opposite  path,  the  Indian,  if  not  benefited  thereby,  would  in 
the  public  belief  have  less  cause  of  complaint  and  less  to 
excuse  him  for  his  practiced  barbarities,  while  a  most  salu 
tary  influence  would  be  shed  upon  public  morals  generally. 

A  great  government  should  not  be  conducted  upon  the 
theory  that  its  citizens  will  serve  it  from  a  sense  of  moral 
or  religious  obligation  and  without  receiving  adequate  pe 
cuniary  reward.  It  cannot  afford  to  accept  cheap  labor 
when  skilled  and  enlightened  industry  is  imperatively  de 
manded.  That  policy  which  advocates  retrenchment  in 
wages,  and  supports  its  argument  by  the  fact  that  it  can  fill 
public  positions  at  very  low  rates,  is  hostile  to  a  long  con 
tinued  successful  management  of  public  affairs.  There 
are  those  in  every  community  who,  devoid  of  ability  or  even 
of  a  fair  proportion  of  intelligence,  are  willing  to  attempt 
any  official  employment,  whatever  difficulties  or  perplexities 
may  attend  it,  and  receive  as  compensation  any  sum  which 
may  be  offered.  The  frontier  service  of  the  Indian  Bu 
reau  can  be  maintained  at  one-half  the  present  rates  of 
pay,  and  I  am  of  the  opinion  that  a  complement  of  agents 
could  be  found,  who  would  engage  to  perform  the  neces 
sary  duties  without  salaries,  and  would  depend  upon  the 
so  called  emoluments  for  remuneration. 

A  government  should  be  administered  upon  principles 
as  strictly  economical  and  business-like,  as  those  which  con 
trol  a  private  corporation  established  for  the  accumulation 
of  property.  The  latter  seeks  and  obtains  practical  ability 


220  THE   INDIAN   BUREAU. 

of  the  character  desired,  and  pays  for  it  according  to  its 
market  value.  It  expects  zeal,  efficiency  and  integrity  in 
the  employe,  and  rewards  him  in  proportion  as  he  displays 
those  qualities.  The  men  can  be  discovered  and  hired 
who  would  make  competent  and  zealous  agents.  The  ad 
ditional  compensation  which  must  be  necessarily  given  to 
secure  their  services,  is  not  worthy  to  be  considered  when 
attempting  to  make  comparison  between  the  benefits  which 
would  presumedly  attend  their  labors,  and  the  results 
which  the  agents  of  the  past  have  accomplished,  whether 
for  evil  or  for  good. 

An  honest  administration  of  Indian  affairs  is  also  neces 
sary  to  the  settlement  of  a  question  of  great  importance  in 
Indian  management.  The  friends  of  a  pacific  Indian 
policy,  who  deprecate  the  employment  of  force  and  believe 
that  persuasion  and  intercession,  accompanied  by  justice 
and  integrity  of  action  on  the  part  of  the  whites,  would 
speedily  bring  about  Indian  civilization,  will  stoutly  advo 
cate  their  views  until  the  test  of  experience  has  been  ap 
plied.  They  continually  cry  out  for  reform  and  attribute 
past  failures  to  the  iniquitous  proceedings  of  Government 
employes  and  contractors.  It  would  be  very  satisfactory 
to  the  country  at  large,  could  honesty  be  substituted  in  the 
place  of  abuse,  that  the  important  question  might  be  de 
termined  whether  the  crop  of  folly  hitherto  produced  from 
government  dealing,  is  the  product  of  fraud  and  deceit 
only,  or  whether  it  does  not  partially  grow  out  of  the  senti 
mental  policy  of  peace  so  loudly  applauded.  That  prob 
lem  solved  by  experiment  and  set  at  rest,  Government 
would  be  enabled  to  deal  more  understandingly  with  its 
time-honored  wards,  might  save  treasures,  diminish  crimes 
and  accelerate  Indian  advancement. 


CHAPTER  VII. 

CAN  THE  INDIAN  BE   CIVILIZED  ? 

HAS  the  American  Indian  the  capacity  and  inclination 
to  adopt  the  customs,  and  receive  the  faith  of  the  white 
man  ? 

The  Christian  denominations  of  the  country  have  enter 
tained  as  false  impressions  upon  this  subject  as  our  legis 
lators.  The  belief  that  the  Indian  would  readily  perceive 
the  benefits  resulting  from  our  practical  civilization,  and 
would  gladly  accept  our  habits  of  life,  also  that  he  would 
be  firmly  impressed  and  radically  changed  by  listening  to 
the  simple  teachings  of  Christ  as  conveyed  by  our  mission 
aries,  was  formerly  well  nigh  universal.  The  experience 
of  two  centuries  has  materially  shaken  that  belief,  although 
a  large  class  of  our  most  enlightened  citizens  still  suppose 
that  the  Indian  might  easily  and  at  rapid  pace  be  con 
ducted  along  that  path  of  development  which  we  have 
been  so  long  treading,  and  might  possibly  overtake  us  in  a 
brief  period  of  time. 

This  erroneous  opinion  may  be  attributed  to  several 
causes.  Omitting  for  the  present  all  speculation  regarding 
the  capacity  and  inclination  of  the  native  race  to  follow  the 
pursuits,  and  to  receive  the  ideas  and  creeds  of  the  whites, 
let  us  ask  why  this  opinion  has  been  so  prevalent  among 
our  people. 

The  European  and  his  descendants  are  apt  to  assume, 
that  theirs  is  the  only  true  civilization  in  existence,  and 
upon  the  assumption  is  based  in  part  the  supposition,  that 
other  races  will  strive  to  attain  it,  could  they  be  made  to 


222  CAN   THE   INDIAN   BE   CIVILIZED  ? 

understand  its  nature.  They  assume  that  the  benefits  and 
personal  comforts  which  it  bestows,  are  so  immeasurably 
great  in  comparison  with  those  to  be  derived  from  all  other 
forms,  and  especially  from  that  low  type  which  exists  among 
the  Indian  nations,  and  which  they  consider  barbarism, 
that  its  acceptance  by  those  nations  is  certain  as  soon  as 
they  can  be  brought  to  a  knowledge  of  its  character.  They 
assume  that  it  is  plain  and  can  be  readily  understood  arid 
grasped  by  all  men.  They  further  assume  and  believe  that 
the  Christian  religion,  as  professed  and  practiced  by  them, 
is  a  simple  faith,  easy  of  comprehension  by  all  classes  of  in 
dividuals,  whatever  their  intellectual  condition  or  previous 
religious  convictions.  They  forget  that  European  civiliza 
tion  is  the  product  of  centuries  of  determined  struggle,  in 
which  the  opposing  mental,  moral  and  religious  convictions 
peculiar  to  a  portion  of  the  world's  inhabitants  contended 
for  the  mastery  ;  that  some  of  the  elements  which  entered 
into  it,  and  by  which  indeed  it  is  still  maintained  and  pro 
pelled,  are  the  distinctive  features,  the  special  characteris 
tics,  of  a  single  race  of  mankind. 

It  is  questionable  if  any  nation  or  people  could  under 
stand  the  rudiments  of  that  civilization  unless  it  possessed 
in  a  very  marked  degree  that  spirit  of  personality  or  of  in 
dividualism  which  distinguished  the  old  European  tribes. 
It  is  certain  that  it  could  not  be  forced  upon  any  people 
which  did  not  have  that  element  of  character  strongly  rep 
resented.  Our  American  civilization,  which  commends 
itself  to  all,  as  we  think,  on  account  of  its  simplicity  and 
practicability,  is  in  fact  of  very  complex  construction.  We 
who  are  born  to  it,  who  have  received  it  as  a  heritage,  who 
are,  according  to  the  rules  of  the  doctrine  of  heredity,  pos 
sessed  naturally  of  those  qualities  from  which  it  springs 
and  which  have  been  gradually  developed  through  re 
peated  centuries,  cannot  appreciate  the  difficulties  which 
for  instance  the  Asiatic,  whether  cultivated  or  uncultured. 


THE   INDIAN   BE   CIVILIZED? 

would  encounter  in  an  attempt  to  comprehend  our  in 
stitutions. 

The  intelligent  moral  practical  individualism  which 
pervades  that  civilization  and  which  is  now  its  great  vitaliz 
ing  principle,  is  the  slow  growth  of  time,  and  would  even 
require  much  labor  on  our  part  before  it  could  be  thor 
oughly  understood.  We  must  pass  through  a  long  and 
tedious  study  before  we  ascertain  the  forces  with  which 
that  individualism,  as  formerly  existent,  has  been  compelled 
to  contend  ;  how  it  has  been  built  up,  and  how  it  has  been 
conditioned  and  modified.  Of  course  it  has  had  a  retroac 
tive  effect  and  impressed  itself  upon  the  forces  brought 
against  it. 

Examine  this  quality  as  it  manifested  itself  in  central 
Europe  nearly  two  thousand  years  ago,  when  the  intelligence 
from  the  south  and  east  and  the  Christian  religion  were 
placed  in  conflict  with  it.  It  could  not  endure  the  restraint 
of  regulated  society  and  broke  through  all  barriers  of  law. 

When  Christianity  endeavored  to  calm  it,  it  despised  the 
doctrine  of  passive  obedience  and  almost  discarded  the 
fundamental  principles  of  that  faith.  The  empire  which 
attempted  to  place  it  under  subjection  was  subdued  and 
dismembered  by  its  power.  It  was  restless  and  impatient 
of  restraint.  Its  highest  delight  was  in  absolute  personal 
freedom — a  freedom  which  might  properly  be  denominated 
license. 

The  struggle  between  this  quality  and  its  modifying  in 
fluences,  intelligence  and  Christianity,  continued  sharp  and 
severe.  Through  it  all  we  trace  gradual  intellectual  pro 
gress  and  moral  improvement;  but  we  find  that  this  same 
power  of  individualism,  though  constantly  changing  in  dis 
position,  remained  active  and  belligerent.  At  length  the 
seemingly  incongruous  forces  found  their  proper  spheres 
and  balances,  and  rapidly  moved  society  forward  to  its  pres 
ent  stage  of  advancement. 


224.  CAN   THE   INDIAN   BE   CIVILIZED  ? 

But  what  was  the  retro-active  effect  of  this  quality  of 
individualism  upon  Christianity  and  thought?  It  is  this 
action  with  which  we  are  more  particularly  interested,  that 
we  may  discover  if  possible  whether  the  ideas  and  religious 
faith,  which  we  consider  so  easy  of  comprehension  and  ac 
ceptance,  are  imbued  with  those  distinctive  peculiarities, 
natural  only  to  a  certain  class  of  mankind.  Or  to  state 
the  proposition  more  strongly,  whether  they  are  the  pro 
ducts  of  that  class  undergoing  mental  evolution  in  a  par 
ticular  direction.  Individualism  was  the  groundwork  of 
new  theories  in  all  the  departments  of  knowledge.  It 
was  the  basis  of  new  theological  doctrines.  As  it  received 
Christianity,  as  it  became  intelligent,  it  forced  independence 
of  thought  into  theology  and  the  entire  mental  world.  It 
demanded  the  right  to  apply  the  test  of  individual  reason 
to  whatever  was  presented  for  its  acceptance,  and  even  while 
it  contended  for  this  right,  it  measured  in  its  bigotry  the 
legitimate  scope  of  all  action  and  belief  with  the  rule  by 
which  it  gauged  its  own.  This  zealous  freedom-loving  and 
power-seeking  characteristic  of  Europe  which  shattered 
political  systems,  which  compelled  monarchy  to  abridge  its 
pretensions,  which  built  up  estate  by  force,  was  not  content 
to  place  limits  upon  conduct  alone.  It  sought  to  impose  re 
strictions  upon  thought  and  to  regulate  belief  by  prescrib 
ing  creeds,  so  that  Christianity  created  as  severe  conten 
tions  as  the  theory  and  form  of  government.  The  faith 
which  came  out  of  Judea  and  for  three  centuries  was  ex 
tended  by  reason  and  persuasion,  which  was  so  innocent  in  its 
results  upon  the  subjects  of  the  Great  Empire  that  its  sup 
pression  was  deemed  unnecessary,  assumed,  when  it  was  im 
pressed  upon  the  barbarians  of  the  north,  a  new, practical 
and  energetic  form.  It  was  not  then  the  cause  of  peace 
and  good-will,  but  the  excuse  for  wars  and  violence. 

Out  of  the  dark  ages  of  superstition  and  intolerance 
there  proceeded  a  Christian  faith  unlike,  to  a  great  extent, 


CAN   THE   INDIAN   BE   CIVILIZED  ?  225 

that  proclaimed  by  the  early  Fathers.  It  was  infused  with 
the  life  and  ideas  of  those  who  built  it  up  from  its  simple 
foundations. 

It  partook  of  the  character  of  our  ancestors.  Their 
interpretation  of  divine  will  depended  entirely  upon  their 
impressions  of  duty,  responsibility,  and  the  highest  excel 
lence.  This  religion  has  progressed  or  been  developed  in 
each  succeeding  century,  has  been  beautified  and  enriched 
by  cultivation,  and  has  kept  pace  with  our  advancing 
civilization.  It  exists  among  us  as  an  intensely  practical 
faith,  shaped  by  educated  conscience,  and  reflecting  the 
best  intelligence  of  our  people. 

The  effect  of  this  individualism  upon  thought  in  its 
largest  signification  was  equally  well  marked.  While  wars 
were  waged  and  force  expended  to  repress  and  obtain 
freedom,  the  mental  powers  were  employed  to  decide  the 
absolute  arid  relative  rights  of  man.  They  were  employed 
to  ascertain  what  rights  belong  absolutely  to  the  individual, 
and  what  duties  arise  from  the  social  condition.  The  ele 
ments  of  society  were  analyzed  and  the  necessities  of  its 
welfare  and  advancement  sought.  The  result  of  this  long 
and  tedious  study,  attended  by  constant  experiment,  is 
manifested  in  our  present  customs,  manners,  and  institu 
tions.  They  are  the  products  of  centuries  of  earnest  toil, 
in  which  enters  that  harvest  of  practical  knowledge,  gleaned 
from  the  extended  research  into  the  laws  of  the  material 
universe,  in  which  we  have  been  engaged.  Our  political 
system,  our  domestic  institutions,  our  habits  of  life,  are 
but  the  perfected  results  attained  by  a  race  true  to  its 
early  instincts,  following  its  tendencies  as  if  led  by  an 
inexorable  fate,  and  working  out  its  civilization  and 
enlightenment  by  earnest  practical  labor,  and  entirely 
through  a  process  of  gradual  development.  Our  religious 
beliefs,  our  laws  for  the  government  of  society,  and  of 
political  bodies,  are  all  the  outward  manifestations  of  the 
10* 


226  CAN  THE   INDIAN   BE   CIVILIZED  ? 

true  mental  condition  of  the  people.  Our  social  practices 
and  observances  are  spontaneous.  Our  customs,  domestic 
arrangements,  and  all  our  modes  of  conducting  affairs, 
whether  individual  or  public,  are  natural  products  of  cer 
tain  mental  characteristics,  varied  they  may  be  by  relation 
or  circumstance.  Nothing  has  been  borrowed  from  any 
source  unless  homogeneous  and  readily  assimilated. 

It  is  this  civilization  which  has  been  and  still  is  freely  ^ 
offered  to  our  native  race,  and  which  that  race  is  either  una 
ble  or  unwilling  to  accept.    Has  it  been  refused  on  account 
of  capacity  or  will  ?    It  is  possible  that  both  causes  have 
been  instrumental  in  its  rejection  and  for  obvious  reasons. 

An  attempt  to  portray  the  character  of  the  Indian  and 
his  mental  and  religious  condition,  would  be  deemed  an 
arduous  task.  Certainly  we  could  not  here  enter  upon 
a  detailed  analysis  of  those  subjects.  But  we  might  suffi 
ciently  cite  the  result  of  observation,  and  the  effect  of 
experiment,  to  raise  grave  doubts  on  the  question,  whether 
the  Indian's  ideas  and  mental  capacities  are  such  as  to 
enable  him  to  comprehend,  and  his  habits  and  tendencies 
of  that  nature  to  make  him  wish  to  receive,  the  great  boon 
which  has  been  presented. 

It  must  be  recollected  that  this  proposition  does  not 
involve  the  inquiry  whether  or  not  the  Indian  tribes  are 
capable  of  improvement.  Examples  may  be  cited  wherein 
progress  has  been  effected  without  extraneous  aid.  The 
limited  civilization  of  the  village  Indians  of  New  Mexico, 
resulting  from  the  cultivation  of  corn  and  cotton,  and  the 
practice  of  utilizing  their  labors  to  much  advantage  ;  also 
from  the  discovery  of  the  art  of  adobe  making  and  placing 
the  manufactured  articles  to  practical  uses,  was  an  advance 
upon  the  estate  of  the  nomadic  tribes,  which  subsisted  en 
tirely  upon  the  products  of  the  chase.  Still  it  did  not 
change  domestic  institutions  or  social  relations,  and  was 
only  an  improvement  in  so  far  as  it  added  to  the  comforts 


CAN   THE  INDIAN   BE   CIVILIZED  ?  227 

of  life  or  furnished  more  easy  and  certain  methods  to  ob 
tain  its  necessaries.  The  civilization  of  Mexico,  which, 
whatever  its  origin,  was  maintained  by  nations  from  the 
north,  and  which  Prescott  pronounced  equal  to  that  of 
England  under  Alfred,  and  in  nature  similar  to  that  of 
Egypt,  was  masterly  in  its  accomplishments.  It  did  not 
consist  however  in  individual  regeneration.  It  was  built 
upon  force  and  upheld  by  cruelty  and  superstition.  The 
smoke  of  the  human  hecatombs  ascending  from  the  altars 
of  a  savage  priesthood,  proclaimed  its  character.  It  would 
have  drawn  within  its  folds  any  barbarous  tribes  or  people 
which  might  enter  the  geographical  boundaries  within 
which  it  held  sway,  and  would  have  quickly  subdued  and 
localized  them.  They  would  have  been  placed  under  it, 
or  at  least  have  been  compelled  to  accustom  themselves  to 
its  influence,  whether  understood  or  not.  But  the  civili 
zation  which  we  hold  out  is  not  forced.  It  is  persuasive. 
It  asks  as  conditions  for  its  acceptance,  certain  individual 
virtues,  and  intelligence,  and  makes  that  acceptance  de 
pendent  upon  inclination.  In  the  case  of  the  Indian, 
moral  transformation  and  mental  growth,  in  a  certain 
direction,  are  necessary  to  its  reception  ;  and  these  modifi 
cations,  it  is  expected,  are  speedily  to  be  obtained  by  indi 
vidual  effort,  induced  by  appeal  and  example. 

The  difficulties  to  be  met  with  in  attempting  to  civil 
ize  the  Indians,  while  tribal  influences  remained  in  full 
force,  were  discussed  in  a  former  chapter.  It  was  there 
affirmed,  that  the  tribal  relations  retarded  progress,  as  it 
perpetuated  the  barbarous  customs  in  which  they  had 
their  origin.  In  the  present  instance,  we  intend  to  remark 
upon  the  difficulty  which  must  still  be  encountered,  in  the 
endeavor  to  engraft  our  modes  of  thought  and  habits  of 
life,  upon  a  nation  radically  dissimilar  to  ours,  though  un 
impeded  by  any  antagonistic  social  systems.  Even  with 
the  severance  of  tribal  institutions,  a  great  labor  must  be 


228  CAN  THE   INDIAN   BE   CIVILIZED  ? 

performed  by  those  who  would  bring  our  Indian  popula 
tion  to  the  knowledge  and  enjoyment  of  the  civilization 
which  our  race  has  worked  out,  and  which  is  essentially 
its  own. 

The  white  man  has  misconceived  his  red  brother,  ever 
since  the  two  first  met  upon  the  continent.  Misjudging 
his  mental  powers  and  his  moral  qualities,  he  has  viewed 
him  as  one  having  like  sentiments  and  desires  as  himself, 
but  wanting  the  knowledge  necessary  to  improve  his  con 
dition. 

The  agents  of  Louis  XIII,  who  offered  Christianity  to 
the  natives  of  Canada,  and  made  the  ceremony  of  baptism 
the  only  needful  qualification  of  citizenship,  were  fully  as 
well  informed  upon  the  nature  of  the  Indian  as  the  eastern 
philanthropist,  who  now  occasionally  visits  the  plains  and 
expects  to  remodel  tribal  institutions  through  persuasive 
promises  and  gifts. 

Said  the  Indian  Commission  a  few  years  since,  while 
in  conference  at  Washington  :  "  It  is  our  opinion  that  if 
the  present  peace  policy  can  be  persisted  in  for  four  years 
longer,  the  Indian  problem  will  be  placed  in  a  fair  way  of 
solution,"  and  it  gave  as  reasons  why  that  policy  had  not 
been  successful,  "  the  laxity  in  the  enforcement  of  the  laws 
when  the  Indians  were  the  complainants  and  the  whites 
the  aggressors,"  also  that  the  agents  and  missionaries  had 
been  "  defeated  in  their  purposes  by  thieves  and  robbers 
who  were  allowed  to  live  among  the  Indians."  These 
abuses  corrected  and  slight  impediments  removed,  and  the 
interesting  nomad  would,  it  is  inferred,  be  seen  clothed  and 
in  his  right  mind,  engaged  in  agriculture  and  acquiring  the 
virtues  of  the  thrifty  husbandman.  Such  expectations 
were  unreasonable,  and  could  not  have  been  predicated 
upon  a  fair  consideration  of  all  circumstances. 

What  qualities  then  does  this  American  Indian  lack, 
that  he  is  so  little  impressed  by  the  efforts  which  have 


CAN   THE   INDIAN   £E   CIVILIZED  ?  229 

been  put  forth  for  his  amelioration.  He  has  the  same 
physical  properties,  the  same  senses,  the  same  elementary 
mental  powers  which  we  possess,  but  here  the  parallel 
ceases.  Although  equally  if  not  more  skilled  in  the  use 
of  the  senses  than  the  white  man,  he  lacks  the  faculty  of 
abstraction,  and  consequently  his  imagination,  reason  and 
understanding,  are  of  a  very  low  order.  He  is  almost 
entirely  destitute  of  the  moral  qualities,  and  his  religious 
nature  is  of  that  kind  which  presumes  the  existence  of  a 
Supreme  Being,  simply  to  account  for  facts  and  occur 
rences  beyond  his  comprehension.  His  conceptions  of  that 
Divinity  are  extremely  vague  and  uncertain.  It  may  be 
one  and  indivisible,  or  it  may  exist  in  many  and  antago 
nistic  forms.  Whether  the  Indian  is  more  Monotheist,  or 
Polytheist,  or  whether  his  belief  is  akin  to  Pantheism,  is 
difficult  to  determine,  and  he  could  not  probably  furnish 
much  enlightenment  if  questioned  on  those  points.  His 
Divinity  has  none  of  the  attributes  of  goodness,  for  he,  in 
his  utter  ignorance  of  virtues,  is  unable  to  imagine  their  ex 
istence.  It  is  only  propitiated  by  substantial  material  gifts, 
and  may  be  persuaded  to  assist  in  enterprises  of  the  most 
wicked  character. 

Like  all  savage  people,  the  Indian  has  not  the  slightest 
conception  of  definite  law  as  a  rule  of  action.  He  is  guided 
by  his  animal  desires.  He  practices  all  forms  of  vice,  and 
even  to  a  great  extent  those  crimes  which  are  pronounced 
as  against  nature.  He  takes  little  thought  except  for  the 
present,  knows  nothing  of  property  in  the  abstract,  and  has 
not  therefore  any  incentive  to  labor  further  than  to  supply 
immediate  wants.  Instead  of  making  an  effort  for  moral  im 
provement  he  strives  to  strengthen  his  vicious  propensities. 
He  eats  the  raw  liver  of  ferocious  beasts  to  augment  his  fero 
city,  wounds  and  bruises  his  person  to  increase  his  animal 
courage,  boasts  in  council  of  his  brutalities,  parades  them  as 
deeds  of  approved  valor  and  as  examples  worthy  of  imitation. 


230  CAN  THE   INDIAN   BE   CIVILIZED  ? 

The  brief  picture  here  presented  is  intended  to  portray 
the  members  of  the  wild  tribes,  and  is  not  overdrawn, 
although  they  exhibit  to  us  in  their  superstitious  ceremonies 
and  in  their  councils  of  state,  and  even  in  the  hospitalities 
of  their  lodges,  certain  qualities  which  do  not  appear  to 
harmonize  with  the  character  we  have  so  quickly  sketched. 
It  is  the  manifestation  of  these  traits,  such  as  reverence 
for  the  Great  Spirit,  respect  for  the  dead,  affection  for  those 
within  the  family  relation,  hospitable  reception  of  strangers, 
admiration  for  mental  endowments,  and  an  occasional  dis 
play  of  cunning  sagacity  and  rich  imagery  of  language, 
which  has  made  the  Indian  a  psychological  and  metaphysi 
cal  enigma  to  many.  And  indeed  to  the  casual  observer 
of  Indian  life  and  manners,  our  representations  would  ap 
pear  paradoxical  at  best.  How  shall  the  seeming  incon 
sistencies  be  reconciled  ? 

The  Indian  possesses  of  course  the  natural  instincts,  the 
general  characteristics  of  humanity,  among  which  is  an  in 
nate  love  for  kindred  and  a  desire  for  fellowship.  The 
superstitious  observances  which  attend  his  mode  of  wor 
ship,  if  such  it  can  be  denominated,  the  rite  of  burial,  and 
indeed  all  religious  ceremonies  from  the  sun  dance  to  the 
exorcism  of  evil  spirits,  have  been  handed  down  by  tradi 
tion  through  countless  generations.  From  whence  they 
proceed,  whether  borrowed  and  adapted  to  circumstances,or 
whether  of  native  birth  and  growth,  the  natural  product  of 
the  Indian  mind,  endeavoring  to  account  for  existence  and 
cause,  cannot  be  ascertained.  So  analogous,  however,  are 
many  of  their  ceremonies  to  those  practiced  in  eastern 
Asia,  many  centuries  ago,  so  similar  are  many  of  their 
traditions  to  those  long  since  extant  in  the  old  world,  that 
the  conclusion  is  almost  forced,  that  they  are  in  substance 
of  foreign  origin.  The  slaughter  of  horses  over  the  grave 
of  a  relative  reminds  one  of  the  action  of  Achilles  at  the 
tomb  of  Patroclus.  The  act  of  piercing  the  ears  of  chil- 


CAN   THE   INDIAN   BE   CIVILIZED?  231 

dren  is  suggestive  of  the  Jewish  rite  of  circumcision.  The 
conjurations  of  the  medicine  man  assimilate  the  sorceries 
spoken  of  in  ancient  history,  and  the  traditions  arid  crude 
mythology  of  the  Indians,  contain  much  which  might  be 
ascribed  to  the  Asiatic  pagans. 

But  from  whatever  source  their  ceremonies  may  be  de 
rived,  they  have  become  the  inheritance  of  the  tribes  and 
have  been  practiced  successive  years  without  variation. 
They  are  found  to  be,  when  examined,  characteristic  of 
those  who  maintain  them,  and  are  attended  with  cruelty  or 
with  a  repulsive  indelicacy  shocking  to  moral  sensibility. 
Reverence  when  analyzed  becomes  a  superstitious  dread  of 
an  unappeased  vindictive  Deity.  The  beautiful  service  of 
sepulture  is  an  observance  repellant  to  the  civilized  because 
of  the  bloody  scenes  which  accompany  it. 

The  Indian  is  sometimes  called  a  statesman  and  an 
orator.  His  dignified  bearing  in  council,  the  beautiful 
metaphors  and  rich  imagery  with  which  his  efforts  at  ora 
tory  often  abound,  challenge  admiration.  Language  is  the 
embodiment  of  thought.  It  mirrors  the  mind,  though  it 
does  not  reveal  intention  nor  morals.  While,  therefore, 
manifestations  of  the  highest  excellence  which  the  red  man 
has  attained  may  be  witnessed  in  the  proceedings  of  their 
great  tribal  gatherings,  no  correct  opinion  of  their  moral 
condition  can  be  gained.  He  is  a  keen  observer  of  nature, 
and  its  objects  supply  him  with  figures  to  illustrate  and 
impress  his  primitive  ideas.  Oratory,  says  a  distinguished 
scholar,  seems  to  have  made  but  little  advancement  since 
the  days  of  Homer.  If  it  consists  in  simple  illustration 
rather  than  in  the  employment  of  abstract  terms,  the  state 
ment  is  correct,  for  barbarous  and  semi-civilized  nations 
excel  in  the  first  particular.  With  the  Indian  it  is  an  art, 
the  result  of  study  and  repeated  practice.  Few  acquire  it 
and  they  become  the  leading  spirits  of  the  tribe.  The 
maiden  speeches  of  the  young  chiefs  about  to  assume  con- 


232  CAN   THE   INDIAN   BE   CIVILIZED  ? 

trol  of  the  movements  of  their  people,  are  generally  miser 
able  failures.  After  a  few  years  of  trial  some  become 
fluent  declaimers  and  fervent  exhorters.  Fortunately  for 
their  reputations,  their  ideas  are  few  and  simple,  and  they 
can  by  their  labor,  be  frequently  reproduced  with  increased 
adornment. 

The  efforts  of  years  secure  a  dress  which  is  rich  and 
oftentimes  brilliant.  Still  it  must  be  remembered  that 
before  the  speech  obtains  our  criticism,  it  is  embellished 
by  the  imagination  of  the  poetical  interpreter. 

We  think  that  a  progress  towards  civilization  has  a 
tendency  to  weaken  the  charms  of  Indian  oratory.  The 
wild  savage  is  more  eloquent  than  his  half- tamed  brother. 
He  who  has  seen  him  as  he  comes  from  the  excitement  of 
battle  to  name  conditions  of  peace,  when  every  word 
is  vehemently  uttered,  when  passion,  strangely  visible  in 
his  countenance,  finds  vent  in  words,  and  in  his  peerless 
gesticulation,  will  agree  in  this  assertion.  So  also  he 
might  do  the  same  who  has  observed  him  as  he  rises  in 
council,  flings  back  from  off  his  shoulders  his  pictured 
buffalo  robe,  shakes  back  his  waving  hair,  and  with  a 
haughtiness  more  befitting  a  conqueror,  proclaims  the 
fancied  wrongs  of  his  race,  and  defiantly  refuses  the 
requests  of  the  Great  Father's  commissioners.  But  should 
the  savage  be  followed  from  the  council  to  the  feast  or  the 
dance,  the  respect  which  his  talents  had  inspired  would  be 
lost,  because  of  the  sudden  transition  from  superior  dignity 
of  manner  to  abasement  or  degradation  of  deportment. 
Within  the  same  hour  he  may  be  seen  carrying  himself 
with  proud  nobility  as  he  indulges  in  flowing  declamation, 
or  with  rude  song  keeping  time  to  the  beating  of  the  tom 
tom,  while  sitting  in  the  dust  and  filth  of  camp. 

Considering  then  fairly  the  character  of  the  superstitious 
observances  maintained  by  the  Indians,  also  the  nature  of 
their  mental  productions,  neither  their  devout  and  reli- 


CAN   THE   INDIAN   BE   CIVILIZED  ?  233 

gious  tendencies,  nor  their  arts  and  accomplishments,  are 
incompatible  with  that  degree  of  savagery  which  is  desti 
tute  of  moral  principle  and  the  knowledge  of  abstract 
right.  These  deficiencies,  together  with  that  spirit  of  com 
munism  which  is  prevalent  among  all  tribes,  and  which  is 
due  as  well  to  an  undeveloped  idea  in  regard  to  property, 
as  any  desire  for  common  ownership,  make  the  reception 
and  understanding  of  our  American  civilization  very  im 
probable. 

Another  defect  of  Indian  character  which,  though  it 
it  has  not  been  stated  apart  by  itself,  may  nevertheless  be 
inferred  from  what  has  been  said,  consists  in  inability  to 
comprehend  a  Christian  dogma,  and  even  to  gain  a  tangi 
ble  idea  of  the  simplest  elements  of  the  Christian  religion. 
We  mention  this  as  an  important  fact,  and  thus  inde 
pendently,  because  it  has  been  the  opinion  of  the  Govern 
ment  and  public,  that  the  reception  of  Christian  doctrine 
is  the  stepping-stone  to  substantial  improvement.  Said 
the  distinguished  Indian  Commission  :  "  The  religion  of 
our  blessed  Saviour  is  believed  to  be  the  most  effective 
agent  for  the  civilization  of  any  people."  The  establish 
ment  and  maintenance  of  Christian  missions  among  the 
tribes  was  therefore  supposed  to  be  a  most  necessary 
requirement,  as  the  conversion  of  the  heathen  was  the 
first  demand  of  worldly  progress. 

We  would  not  attempt  to  raise  an  objection  to  the 
sentiment  expressed  in  the  foregoing  quotation,  but  only 
remark  that  the  Christian  religion,  as  received  by  the  tribes, 
does  not  materially  aid  in  subduing  savage  passions  or 
in  fixing  settled  habits.  That  obdurate  portion  of  the 
Six  Nations  of  New  York,  which  has  rejected  all  the 
appeals  of  the  Episcopal  Church  for  nearly  two  centuries, 
and  which  now  mocks  the  religious  ceremonies  practiced 
by  their  converted  relations,  has  kept  pace  with  the  latter 
in  all  respects.  Those  of  the  heathen  class  live  in  as  good 


234 

houses,  cultivate  farms  equally  as  well,  and  are  as  obe 
dient  to  civil  law,  have  as  much  knowledge  of  the  affairs 
of  the  world,  and  are  as  good  citizens,  as  the  latter.  The 
truth  is,  that  the  Christian  religion  is  the  religion  of  civil 
ized  man.  It  is  a  progressive  religion  and  has  reached  a 
stage  beyond  the  grasp  of  the  savage.  As  developed  by 
our  ancestors,  it  is,  as  we  have  already  suggested,  an  intense, 
practical,  individual  faith,  directing  the  practice  of  all  those 
virtues  which  an  advanced  state  of  morals  makes  known. 

The  Indian  has  an  accommodating  disposition  as  re 
gards  a  willingness  to  accept  religious  doctrine.  Like  the 
old  Koman,  an  additional  divinity  is  not  objectionable. 
Many  will  readily  profess  Christianity  if  they  believe  that 
material  benefits  can  be  gained  by  so  doing.  They  will 
reverently  engage  in  prayerful  confessions  and  interces 
sions,  but  let  misfortune  come  during  the  period  they  are  so 
engaged,  let  a  fire  sweep  their  camp  and  consume  their 
property,  they  will,  if  left  to  themselves,  immediately  re 
nounce  their  new  faith.  They  are  very  utilitarian  in  their 
views,  and  demand  substantial  and  immediate  payment 
for  time  and  labor  expended  in  any  form  of  worship.  A 
few  pounds  of  bacon  will  induce  them  to  present  their 
children  for  baptism,  notwithstanding  the  rite  has  already 
been  many  times  administered. 

Their  convictions,  however,  whatever  may  be  their 
professions,  cannot  be  very  satisfactory.  The  doctrine  of 
the  atonement  would  involve  them  in  inextricable  per 
plexity  should  they  attempt  to  consider  it.  A  rule  of  duty 
could  not  enter  the  mind  of  one  whose  system  of  morals 
consisted  in  following  the  propensities  of  his  nature.  The 
Indians  may  practice  the  forms  and  give  heed  to  the  out 
ward  observances  of  the  church,  but  their  religion  is  in  fact 
their  own  superstitions  crammed  into  the  shell  of  Christi 
anity.  For  success  in  missionary  labor  among  them,  that 
type  of  Christianity  which  is  attended  with  the  largest 


CAN   THE   INDIAN   BE   CIVILIZED  ?  235 

share  of  external  forms  and  ceremonies  is  the  most  efficient, 
and  for  that  reason  the  efforts  of  the  Roman  Catholic 
church  are  crowned  with  more  than  ordinary  prosperity. 
The  Missionary  Fathers  of  the  West  understand  this  and 
sometimes  confess  it. 

While  therefore  we  agree  with  the  late  Indian  Com 
mission,  that  Christianity  is  a  wonderful  element  in  civ 
ilization,  we  do  not  believe  that  it  can  be  firmly  engrafted 
on  the  Indian  stock.  It  would  produce  fruits  if  properly 
applied  to  childhood  for  successive  generations,  but  the 
adult  Indian  cannot  accept  it,  even  if  he  is  inclined  to  do 
so,  and  there  is  no  inclination  on  his  part  to  accept  it,  unless 
he  can  be  convinced  by  some  process  that  he  will  thereby 
reap  a  worldly  advantage.  The  Indian  cannot  at  once  grasp 
a  moral  truth  nor  receive  a  religious  conviction,  nor  can  he 
readily  change  his  wild,  roving,  idle  life  and  assume  habits 
of  industry.  He  will  not  and  cannot  revolutionize  his  na 
ture,  and  any  essential  modifications,  which  outside  teach 
ings  and  influences  shall  bring  about,  will  be  the  tardy  re 
sults  of  generations  of  labor. 

The  history  of  experiment  upon  this  continent  confirms 
the  views  herein  expressed.  Two  hundred  years  of  labor 
for  the  amelioration  of  the  red  man,  accompanied  by  a  large 
expenditure  of  money  and  extending  over  a  vast  tract  of 
country,  has  failed  to  firmly  fix  our  civilization  upon  a  single 
tribe.  It  will  not  suffice  to  attribute  failure  solely  to  the 
misdeeds  and  dishonesty  of  the  whites,  for  much  well  di 
rected  effort  can  be  discovered,  which  has  also  been  barren  of 
permanent  results.  The  earlier  enterprises  of  Christian 
denominations,  both  on  the  eastern  and  western  coasts  of 
America,  and  upheld  in  some  instances  by  the  fostering 
care  of  governments,  promised  well.  The  Puritan,  Mora 
vian,  Episcopalian,  Quaker,  and  the  different  orders  of  the 
Roman  Catholic  Church,  were  all  zealously  engaged  in 
prosecuting  missionary  work.  The  French  founded  con- 


236  CAN   THE   INDIAN   BE   CIVILIZED  ? 

vents  and  colleges  for  the  education  of  Indian  children  of 
both  sexes.  Many  Jesuit  Fathers  gave  the  unremitting 
toil  of  years  to  bring  their  converts  to  the  knowledge  of 
civilized  life.  The  work  was  commenced  as  early  as  six 
teen  hundred  and  thirty-six,  and  was  pushed  forward 
through  many  trials  and  discouragements.  The  Spanish 
priests  had  established  eleven  missions  between  the  Gulf  of 
California  and  the  Rio  Grande  River,  and  claimed  to  have 
gathered  into  the  fold  eight  thousand  converts  at  the  be 
ginning  of  the  seventeenth  century  ;  and  thirty-five  thou 
sand  Christian  Indians  dwelt  on  the  California  coast  fifty 
years  ago,  if  Spanish  accounts  are  correct.  Eliot,  Williams, 
and  their  successors  in  New  England,  the  Moravians  in 
Pennsylvania,  the  English  Church  in  New  York,  the  Roman 
Catholic  church  in  Maryland,  and  so  on  down  the  conti 
nent  until  we  find  the  Spanish  again  in  Florida,  and  the 
French  in  Georgia  and  Louisiana,  all  engaged  in  the 
establishment  of  places  of  worship  and  schools  for  the 
youth,  and  nearly  all  inviting  the  adoption  of  the  habits 
and  customs  of  the  whites  by  example  and  much  practical 
instruction,  should  certainly  have  perfected,  for  the  encour 
agement  of  posterity,  a  tribe  or  two  of  enlightened,  indus 
trious  and  self-sufficient  Indians. 

Turn  where  you  will,  however,  and  nothing  of  the  kind 
can  be  found.  Remove  the  agents,  instructors,  missiona 
ries  and  white  laborers,  from  a  tribe,  and  it  would  relapse 
into  barbarism,  unless  the  same  had  been  strongly  infused 
with  white  blood.  The  California  Indians  have  been  gradu 
ally  retrograding  since  the  Spanish  priests  were  withdrawn 
from  their  midst.  The  Pueblos  have  rapidly  undergone 
mental  deterioration  since  Mexico  achieved  its  independ 
ence,  and  neglected  its  native  race.  A  former  generation 
of  them  acquired  the  rudimentary  branches  of  education, 
but  its  offspring  have  entirely  lost  all  such  accomplish 
ments. 


CAN  THE  INDIAN   BE  CIVILIZED  ?  237 

I  find  in  an  old  report  of  Sir  "William  Johnston's  his 
opinion  of  that  small  band  of  Hurons  in  the  vicinity  of 
Quebec.  He  says,  in  seventeen  hundred  and  sixty-three  : 
"  The  Hurons  at  Loretto  are  a  civilized  people."  The  one 
hundred  and  fifteen  years  which  have  passed  since  that 
report  was  rendered,  have  made  more  noticeable  among 
them  the  blue  eye,  and  fair  hair  of  Normandy,  but  it  has 
not  made  that  civilization  distinguished  for  thoroughness. 
The  boy  still  delights  in  the  practices  of  the  forefathers, 
and  is  a  clever  master  of  the  bow.  Indian  squalor  and 
idleness  are  still  noticeable  features  of  the  village.  The 
Delawares  became  Christians,  it  is  said,  under  the  teachings 
of  Moravian  missionaries.  They  have  made  little  if  any 
progress  then,  since  that  long  ago  period,  and  Eliot's  ten 
thousand  converts  served  no  purpose,  except  to  adorn  the 
page  of  history  with  the  recital  of  a  life  nobly  rendered. 

All  who  have  labored  long  and  faithfully  in  the  field  of 
Indian  missions  occasionally  give  utterance  to  disappoint 
ment  if  not  discouragement.  The  Jesuit  Fathers  often 
lamented  that  their  toil  was  so  lightly  rewarded  ;  and  now 
the  Christian  agent  and  instructor,  who  entered  upon  his 
duties  with  fond  anticipations  of  a  glorious  harvest,  fre 
quently  concludes  that  he  is  engaged  in  the  cultivation  of 
a  desert.  Our  people,  say  they,  display  neither  ability,  in 
dustry  nor  gratitude.  Unless  constantly  exhorted  and 
compelled,  they  sink  back  into  brutish  indolence  and  besot 
ted  vice.  The  churches  make  no  visible  impression,  the 
schools  languish,  and  the  cultivated  fields  are  abandoned, 
unless  the  white  man  is  present  to  perform  the  agricultu 
ral  labor. 

Feelings  of  the  greatest  depression  often  come  to  the 
most  sanguine  and  earnest  of  those  who  have  actively  en 
tered  upon  the  work  of  Indian  education,  and  yet  for 
nearly  three  centuries  self-sacrificing  people  have  entirely 
given  themselves  up  to  this  discouraging  employment. 


238  CAN   THE   INDIAN   BE   CIVILIZED  ? 

Their  labors  have  not  been  in  vain.  The  condition  of  the 
tribes  longest  subject  to  their  influences  varies  materially 
from  that  state  of  barbarity  which  we  depicted  as  belong 
ing  to  those  still  unreclaimed.  The  influences  combined 
with  other  causes,  such  as  friendly  intercourse  with  whites, 
and  the  slow  acquisition  of  new  ideas  thereby,  has  elevated 
them  very  many  degrees  in  the  scale  of  humanity.  Still 
these  tribes  have  not  passed  through  a  natural  process  of 
growth.  They  have  not  been  developed.  The  seed  sown 
may  have  taken  root,  but  the  soil  is  not  congenial,  and  the 
plant  does  not  flourish. 

We  venture  to  affirm  that  notwithstanding  the  vast 
expenditure  of  money,  by  this  and  other  governments,  on 
behalf  of  the  Indians,  and  the  long  continued  labors  of  in 
structors  among  them  in  arts  and  agriculture,  notwithstand 
ing  the  constant  appliances  on  the  part  of  churches  of  the 
various  methods  of  imparting  a  knowledge  of  Christianity 
and  the  useful  arts,  there  is  not  to-day  a  single  tribe  upon 
the  continent  which  could  support  itself,  and  retain  the 
civilization  already  acquired,  if  left  entirely  to  its  own  man 
agement  and  made  to  depend  solely  upon  its  own  resources. 
We  intend  that  the  statement  shall  apply  to  all  tribes,  no 
matter  to  what  extent  they  have  been  absorbed  by  the 
white  race.  Let  any  one  of  them  as  now  existing,  be  de 
prived  of  the  strong  arm  of  Government,  and  of  all  in 
structors  from  without,  and  not  be  interfered  with  to  its 
detriment  by  outside  forces,  and  it  will,  we  believe,  com 
mence  to  retrograde.  The  civilization  which  has  been 
forced  upon  them  is  not  natural.  It  requires  constant  en 
couragement,  and  careful  nursing,  to  make  it  flourish  on 
the  stock  in  which  it  has  been  inserted. 

It  may  be  asked  if  tribes  having  acquired  civilization 
have  not  been  disbanded  and  the  members  of  the  same 
merged  into  the  great  body  of  our  citizens.  No  tribe  of 
any  importance  has  ever  been  disbanded.  A  few  scattered 


CAN  THE   INDIAN   BE   CIVILIZED  ?  239 

bands  living  in  proximity  to  or  surrounded  by  white  settle 
ments,  have  been  broken  up  and  citizenship  conferred  upon 
those  members  who  could  comply  with  certain  conditions. 
Civilization  was  not,  however,  promising  in  these  instances, 
but  the  circumstances  which  surround  those  individuals 
will  serve  to  keep  them  in  the  positions  in  which  they 
have  been  placed. 

It  might  also  be  asked  if  the  Indian  raised  under  the 
same  influences  and  allowed  the  same  educational  advan 
tages  as  the  white  man,  would  not  be  his  equal,  or  at  least 
would  not  acquire  permanent  civilized  habits,  and  the 
white  man's  modes  of  thought.  As  regards  equality  it 
might  be  answered  that  the  half  breed,  brought  up  in  the 
Indian  camp,  is  far  superior  mentally  to  the  full  bloods 
who  have  been  his  constant  companions;  also  that  the  half 
breed  youth  can  be  taken  from  the  barbarous  associations 
of  camp,  and  soon  established  in  the  ways  of  the  whites. 
Regarding  the  question  whether  the  Indian  would  not, 
with  advantages,  gain  permanent  civilized  habits,  and  the 
white  man's  modes  of  thought,  it  might  be  said  that  there 
have  been  but  few  exceptions  to  the  rule  that  the  Indian 
educated  in  eastern  schools  and  colleges  cannot,  or  at  least 
does  not,  make  any  successful  practical  application  of  his 
education.  He  seems  to  have  the  power  to  take  in  or 
memorize  the  contents  of  books,  but  he  cannot  absorb  and 
assimilate  them:  He  acquires  a  mass  of  disconnected  facts 
and  lacks  the  ability  to  bring  them  into  relationship  or 
harmony.  His  mind  cannot  digest  them,  so  that  he  ob 
tains  therefrom  very  little  mental  nourishment.  The 
child  selected  from  a  tribe  by  some  religious  denomination 
for  the  purpose  of  education,  and  placed  in  some  noted  in 
stitution  of  learning,  is,  when  finally  moulded,  almost  an 
object  of  pity.  Not  only  is  his  native  language  fearfully 
mixed  with  the  English,  Latin,  and  Greek,  and  with  any 
other  tongue  to  which  he  may  have  turned  his  attention, 


240  CAN"  THE  INDIAN"  BE  CIVILIZED  ? 

but  his  ideas  upon  theological  and  philosophical  subjects 
are  also  lamentably  confused.  College  graduates  of  the 
Indian  blood  are  frequently  met  in  the  Indian  Territory, 
who  are  the  possessors  of  fair  libraries,  but  who  dwell  in 
filthy  cabins  and  are  as  indolent,  as  far  as  regards  the  per 
formance  of  practical  labor,  as  their  benighted  neighbors. 
Many  experiments  were  tried  in  the  old  colonial  days.  A 
large  number  of  the  Indians  of  Massachusetts  spoke  and 
wrote  the  English  language.  Harvard  College  has  in  some 
instances  used  all  its  endeavors  to  impress  its  culture  upon 
the  Indian  mind,  but  met  with  absolute  failure. 

Still,  notwithstanding  past  experience,  the  present  gen 
eration  of  reformers  expect  by  like  expedients  to  revolu 
tionize  Indian  character  in  a  short  term  of  years,  and 
believe  now  as  those  of  the  past  believed,  that  with  the 
removal  of  evil  white  example,  the  task  might  be  speedily 
accomplished.  The  churches  still  give  liberally  in  men 
and  money,  to  further  this  desirable  object.  Fifty-five 
years  ago  they  were  demanding  of  Congress  an  increase  of 
appropriation  to  civilize  and  educate  the  red  race,  and 
to-day  through  their  members  the  same  demands  are 
pressed. 

In  the  adoption  of  the  peace  policy,  it  was  believed  that 
the  proper  and  certain  measures  to  bring  about  civilization 
had  been  inaugurated.  Localization  and  a  generous  ap 
plication  of  certain  influences  were  to  be  attempted.  The 
theory  was  not  new,  but  had  been  long  ago  advocated  by 
the  New  England  colonies.  After  a  short  season  of  trial 
the  success  of  the  policy  was  thus  declared  by  the  Commis 
sioner  of  Indian  Affairs  :  "  As  a  result  the  clouds  of  igno 
rance  and  superstition,  in  which  many  of  this  people  were 
so  long  enveloped,  have  disappeared,  and  the  light  of  a 
Christian  civilization  seems  to  have  dawned  upon  their 
moral  darkness,  and  opened  up  a  brighter  future."  The 
commission  of  citizens  appointed  to  cooperate  with  the  ad- 


CAN   THE   INDIAN   BE   CIVILIZED  ?  241 

ministration  in  the  management  of  Indian  affairs  said  : 
"  The  reports  of  the  Indian  Bureau  will  be  found  to  abound 
in  facts  going  to  prove,  that  the  Indians  as  a  race  can  be 
induced  to  work,  are  susceptible  of  civilization,  and  present 
a  most  interesting  field  for  the  introduction  of  Christianity." 

At  this  time  the  wild  tribes  had  been  collected  at  large 
reservations,  where  they  were  being  fed,  and  where  white 
men  were  employed  to  build  for  them  cabins.  Some  mem 
bers  of  the  tribes  had  been  induced  to  discard  the  blankets 
for  the  coats  given  them,  and  had  begun  to  demand  wagons 
and  farming  utensils.  The  transition  was  so  marked  and 
flattering,  that  to  those  engaged  in  Indian  labor,  it  seemed 
that  improvement  would  continue  and  that  triumphant 
success  would  be  speedily  achieved.  Eight  years  have 
passed,  and  the  lesson  of  failure  so  often  repeated  is  again 
presented  for  our  instruction.  That  most  stupendous  sys 
tem  of  public  pauperism  ever  yet  organized,  has  totally 
failed  to  advance  in  any  respect  our  Indian  population. 
Those  very  tribes  upon  whom  it  was  brought  to  bear  in  all 
its  force,  are  more  troublesome,  and  no  more  humanized 
than  they  were  before  they  became  the  recipients  of  the 
great  bounty. 

Philanthropists  are  greatly  mistaken  in  supposing  that 
the  Indian  who  has  thrown  aside  his  blanket,  who  has  cut 
his  hair  and  received  baptism,  and  dwells  at  his  agency  in 
.a  cabin,  eating  the  rations  furnished  by  Government,  is  per 
manently  reclaimed,  or  that  he  is  only  slightly  removed 
from  the  condition  of  our  citizen  agriculturist  or  laborer. 
In  most  instances  there  is  but  the  semblance  of  an  advanced 
state.  Many  of  the  wild  and  barbarous  Sioux  Indians  of 
eighteen  hundred  and  seventy-six,  had  been,  two  years  pre 
vious  to  that  time,  engaged  in  tilling  soil,  were  living  in 
houses,  had  harnessed  their  horses  to  the  wagon,  and  had 
acquired  in  part  the  English  language. 

Still  there  were  members  of  the  roving  tribes,  generally 
11 


242  CAN   THE   INDIAN  BE   CIVILIZED  ? 

men  of  advanced  years,  who  could  distinctly  perceive  that 
the  Indian  must  after  a  period  of  time,  betake  himself  to 
pastoral  or  agricultural  pursuits.  They  expressed  them 
selves  at  the  inauguration  of  the  peace  policy  as  anxious  to 
be  permanently  located  and  instructed.  They  led  their 
tribes  to  reservations,  labored  with  them  in  council,  and 
seemingly  put  forth  great  efforts  to  improve  the  condition 
of  their  people.  When  instructors  were  sent  among  them 
they  apparently  strove  earnestly  to  form  other  habits,  and 
to  live  in  a  manner  befitting  the  new  existence  desired. 
Bat  the  old  life  was  too  firmly  fixed  to  be  shaken  off. 
They  were  children  groping  in  darkness,  were  unable  to 
catch  new  ideas  and  to  practice  constant  industry.  As  a 
result  of  their  endeavors  they  lost  influence,  and  the 
younger  portion  of  the  tribes  fell  away  from  them  and  only 
visited  the  agencies  to  obtain  the  food  which  was  there 
freely  distributed.  The  conduct  and  representations  of 
these  men  deceived  the  officers  of  the  Government,  who 
were  engaged  in  applying  its  policy,  and  threw  over  their 
earlier  efforts  a  fictitious  show  of  success.  This  will  explain 
in  part  why  the  reports  of  a  few  years  ago  were  so  highly 
colored. 

The  reasons  which  suggest  themselves  to  the  mind, 
after  full  deliberation,  to  sustain  an  opinion  that  the  Indian 
is  incapable  of  receiving  our  civilization,  are  so  manifold 
.and  convincing  that  the  failure  of  all  experiment  which 
Jias  been  undertaken,  appears  natural  and  not  in  the  least 
a  matter  of  surprise.  That  civilization  is,  as  we  have  re 
marked,  the  result  of  many  centuries  of  mental  and  moral 
development  in  a  uniform  direction,  and  is  the  old  Euro 
pean  individualism  conditioned  and  modified  by  practi 
cal  education  and  by  a  religion  which  has  ever  been  adapted 
to  social  and  domestic  relations.  The  system  of  laws,  the 
doctrine  of  morals,  and  the  religious  tenets  which  enter 
into  it,  are  based  to  a  great  extent  upon  the  old  Saxon  belief 


CAN   THE   INDIAN   BE   CIVILIZED  ?  243 

and  practice  of  equality  and  life  partnership  of  husband 
and  the  one  wife  ;  for  the  character  of  the  marriage  tie  has 
shaped  our  social  customs  and  domestic  institutions.  Even 
if  it  had  not  reached  a  point  beyond  the  mental  grasp  of 
the  Indian,  or  indeed  if  he  was  mentally  competent  to  fully 
comprehend  its  manifestations,  why  should  it  commend 
itself  to  him  except  on  grounds  of  expediency  ?  Why 
should  he  wish  to  obtain  it  unless,  because  of  his  compli 
cated  relations  with  the  white  race,  he  might  by  so  doing 
better  his  worldly  estate  ?  Surely  there  could  be  no  rea 
son  unconnected  with  the  selfish  idea  that  he  could  there 
by  gain  the  necessaries,  or  possibly  the  comforts,  of  life 
more  readily.  For,  assuming  that  he  is  religious  and  is 
possessed  of  a  system  of  morals  (although  hitherto,  judging 
from  our  own  received  views  of  religion  and  morals,  we 
have  supposed  that  he  has  neither)  they  are  so  diametri 
cally  opposed  to  those  which  enter  as  elements  into  our 
civilization  that  he  would  not  strive  to  practice  the  teach 
ings  and  demands  of  that  civilization  from  any  sense  of 
duty  or  conscientious  convictions. 

His  religion  and  his  morals  allow  action  which  we  would 
deem  infamous,  which  Christianity  would  mark  as  deadly 
sins,  and  which  our  moral  sentiment  would  abhor.  Con 
struct  for  him  then  a  house  and  induce  him  to  live  within 
it,  give  him  our  clothing  and  persuade  him  to  wear  it,  assist 
him  to  yoke  cattle  to  the  plow  and  to  cultivate  the  ground, 
finally  teach  him  to  harvest  the  crop  and  prepare  it  for 
food,  and  still  nothing  is  accomplished  as  regards  his  im 
provement,  except  that  he  is  being  taught  to  lead  an  agri 
cultural  life  instead  of  gaining  a  living  from  the  chase. 
He  is  not  civilized  in  the  proper  sense  of  the  term,  but  has 
only  changed  his  pursuits,  and  he  has  been  prevailed  upon 
to  change  them  because  advantageous  to  subsistence  and 
comfort. 

Let  him  proceed  farther.     Influence  him  to  conform 


244  CAN  THE   INDIAN   BE   CIVILIZED  ? 

outwardly  in  his  social  and  domestic  sphere  to  the  require 
ments  of  our  civilization.  Prevail  upon  him  to  discard  all 
but  a  single  wife  and  to  be  bound  to  that  one  by  the  Chris 
tian  ceremony  of  marriage  ;  induce  him  to  practice  in  his 
household  none  but  civilized  observances;  teach  him  the  ru 
diments  of  our  language;  place  him  in  church  and  persuade 
him  to  take  an  active  part  in  the  services,  and  still  he  has 
not  been  brought  to  a  knowledge  of  civilization.  He  is 
still  an  uncivilized  man  following  the  teachings  of  others, 
and  cannot  advance  a  step  without  the  aid  of  his  instructors. 
In  fact,  he  would  fall  by  the  way  unless  constantly  sus 
tained  by  them.  Look  at  him  casually  and  it  is  hard  to 
detect  the  counterfeit,  the  skin  has  been  so  deftly  fitted. 
But  interrogate  him  upon  an  abstract  and  well  settled  prin 
ciple  of  right ;  request  his  opinion  upon  some  question  of 
morals  to  which  his  teachers  have  not  furnished  him  with 
a  categorical  reply ;  ask  him  the  reason  of  any  law,  custom 
or  observance,  and  he  will  be  unable  to  make  intelligent 
answer. 

The  civilization  of  a  people  is  nothing  more  nor  less 
than  the  mental,  moral,  and  possibly  religious  condition 
which  that  people  has  attained.  Its  proofs  consist  in  the 
outward  manifestations  of  that  condition,  from  which  also 
its  character,  quality,  and  extent  may  be  determined. 
Those  visible  demonstrations  which  may  be  seen  in  the 
prevailing  customs  of  domestic  and  social  life,  which  may 
be  witnessed  in  all  the  appliances  and  expedients  devised 
and  resorted  to  in  order  that  the  life  may  be  made  com 
fortable  or  enjoyable,  which  may  be  perceived  in  modes  of 
thought,  as  expressed  in  law,  literature,  and  art,  are  but 
the  natural  results  of  enlightened  taste,  perception,  and 
conviction.  Our  refined  household  is  developed  naturally 
out  of  the  Saxon  home.  Constitutional  democracy  is  the 
developed  idea  of  the  old  Saxon  individual  liberty.  Ameri 
can  Christianity  is  the  educated  creed  of  a  race  believing 


CAN   THE   INDIAN   BE   CIVILIZED?  245 

in  individual  responsibility,  and  unity  of  relation  ;  of  a  race 
whose  better  sentiments  at  the  time  of  the  acceptance  of 
Christianity  accorded  with  the  Biblical  doctrines  of  mar 
riage,  of  parental  government,  of  filial  affection,  and  with 
the  fundamental  principles  of  Holy  writ. 

The  Indian,  too,  has  for  many  centuries,  been  under 
going  a  process  of  development.  Those  tribes  which  yet 
retain  their  nomadic  habits,  are  far  removed  from  the  state 
of  savagery  which  existed  in  pre-historic  ages.  The  law 
of  motion  applies  as  well  to  the  mental  as  to  the  material 
world.  Cause  is  continually  at  work,  producing  effect, 
and  results  are  discovered  in  new  mental  conditions.  The 
peculiar  characteristics  of  the  mind  are  transmitted  as 
well  as  physical  lineaments,  and  there  is  a  certain  growth 
in  that  particular  direction  whither  natural  tendency 
influenced  by  surrounding  circumstances  invites. 

That  long  imagined  primitive  state  of  simplicity,  is  now 
believed  to  have  been  an  almost  beastly  state  of  barbarity, 
from  which  all  races  of  mankind  have  in  some  degree 
elevated  themselves.  The  red  man  has  advanced  slowly,  but 
he  has  succeeded  in  building  up  and  establishing  domestic 
and  social  customs,  a  most  ingenious  consanguineous  re 
lationship,  a  system  of  ceremonials,  expressive  of  long 
cherished  superstitious  beliefs,  and  in  fine  a  mode  of  life 
as  determined  and  fixed  as  that  which  prevails  among 
white  communities.  To  induce  him  to  relinquish  habits 
and  observances,  which  are  but  the  legitimate  products  of 
his  mental  faculties,  brought  in  contact  with  the  objective 
world,  while  following  his  propensities,  in  so  far  as  cir 
cumstances  would  allow,  and  to  assume  those  which  are 
entirely  foreign  to  his  nature,  as  conditioned  by  thought 
and  reflection,  and  which  he  can  neither  appreciate  nor 
understand,  is  a  change  of  so  radical  a  character  as  would 
seem  to  require  miraculous  interposition  to  effect. 

But  we  have,  say  the  philanthropists,  firmly  impressed 


246  CAK   THE   INDIAN   BE   CIVILIZED  ? 

upon  a  portion  of  the  native  race  civilized  habits,  and  it 
is  zealously  following  civilized  pursuits.  We  have  succeeded 
in  bringing  it  out  of  heathen  darkness,  and  have  implanted 
sound  Christian  doctrine. 

It  is  admitted  that  the  semblance  of  our  civilization 
has  been  produced  in  certain  instances,  where  the  force  of 
circumstances  has  compelled  the  Indians  to  rest  in  perma 
nent  and  abridged  localities,  and  to  take  up  in  a  measure 
the  labors  of  the  agriculturist.  But  to  what  extent  has 
he  been  regenerated  ?  Has  natural  deceit  given  way. 
to  an  innate  love  for  truth  ?  Has  characteristic  cruelty 
been  displaced  by  the  dictates  of  educated  humanity  ? 
Has  the  desire  for  retaliation  been  supplanted  by  a 
love  for  justice,  license  for  the  unchangeable  forms  of 
law  ?  Has  ignorance  and  habitual  indolence  succumbed 
to  intelligence  and  industry,  and  does  zeal  and  activity 
mark  the  newly  acquired  efforts  at  reform  ?  Remove  from 
those  gardens  the  white  laborers  who  have  been  so  long 
engaged  in  their  cultivation.  Let  the  plants,  which  have 
been  so  carefully  placed  and  tended,  be  left  to  themselves, 
and  then  ascertain  how  long  they  will  remain  unchoked 
by  weeds — the  natural  products  of  the  soil.  Ascertain, 
then,  how  deeply  rooted  are  the  new  beliefs  and  practices, 
and  what  length  of  time  will  be  required  to  corrupt  the 
ordinance  of  baptism,  and  the  ceremony  of  the  mass. 

But,  say  these  philanthropists,  compare  the  conduct  of 
some  of  these  people  with  those  of  the  whites  who  sur 
round  them  and  judge  which  answers  best  the  demands  of 
society. 

We  reply  that  it  is  not  fair  to  conclude  from  the  com 
parison  of  a  well  disposed  Indian  and  a  depraved  white 
man,  that  the  former  excels  or  even  equals  the  latter  in 
civilization.  The  former  follows  example  and  endeavors 
thereby  to  attain  to  a  higher  plane  of  existence,  while  the 
latter  purposely  discards  virtue,  although  he  has  a  knowl- 


CAN  THE   INDIAN   BE   CIVILIZED  ?  247 

edge  of  its  principles  and  wickedly  pursues  vice.  If  the 
former  had  the  same  intelligence,  the  same  insight  into 
truth  and  morals,  which  the  latter  possesses,  he  would 
soon  rise  in  the  scale  of  humanity,  and  become  a  social 
ornament  in  the  western  population.  What  then  has  been 
accomplished  by  all  the  labors  which  have  been  put  forth 
to  improve  the  native  American  race  ?  The  question  can 
be  viewed  from  two  stand-points,  which  are,  what  advan 
tages  has  Government  derived  from  those  labors,  and 
to  what  extent  has  civilization  been  pressed  upon  the  In 
dians  ?  Considered  from  the  first  view,  it  might  be  briefly 
stated  that  Government  has  been  profited  by  the  conver 
sion  of  many  of  the  tribes  from  turbulent  into  peaceful 
communities,  but  has  paid  lavishly  for  the  change. 

The  other  aspect  requires  much  study  and  reflection 
before  it  can  be  comprehended,  and  even  then  much  un 
satisfactory  speculation  must  be  indulged  in,  for  we  cannot 
definitely  determine  whether  the  progress  which  certain 
tribes  have  apparently  made,  is  firmly  fixed  and  will  be 
come  the  foundation  of  further  advancement.  However 
this  may  be,  it  must  be  admitted  that  the  changes  in  In 
dian  life  and  manners  which  have  been  effected,  have 
proved  the  salvation  of  that  race,  for  stern  necessity  de 
creed  that  it  must  either  submit  to  them  or  to  exter 
mination. 

But  here  another  question  arises  when  considering 
the  cause  of  change,  and  that  is  whether  progress  has  not 
been  as  much  the  result  of  circumstances,  as  of  the  expen 
sive  instruction  furnished.  This  also  will  remain  matter 
of  opinion,  as  arguments,  presumedly  based  upon  both  fact 
and  theory,  are  not  wanting  to  the  advocates  of  either  side 
of  the  issue.  But  in  the  present  discussion,  we  might  con 
cede  that  improvement  has  been  entirely  due  to  the  foster 
ing  care  of  the  Government,  and  to  the  exertions  of  the 
teachers  in  arts,  religion,  and  morals,  for  the  inquiry  con- 


248  CAN   THE   INDIAN   BE   CIVILIZED  ? 

cerns  the  ability  of  the  Indian  to  become  a  thoroughly 
civilized  member  of  the  community,  whatever  influences 
may  surround  him.  and  we  wish  now  to  arrive  at  some 
conclusion  as  to  the  point  in  civilization  which  the  most 
gifted  tribes  have  reached. 

The  Indian  Bureau  makes  a  classification  of  the  tribes 
as  follows  :  civilized,  semi-civilized,  and  wild.  It  places 
those  which  are  permanently  settled  in  the  first  class, 
those  which  are  not  yet  supposed  to  be  definitely  located 
and  have  not  altogether  abandoned  the  chase  in  the  second 
class,  and  those  still  wandering  and  subsisting  on  wild 
game,  in  the  third  class.  \  In  its  opinion,  a  community 
which  had  ceased  to  lead  a  nomadic  and  predatory  life, 
which  had  fixed  its  abode,  and  betaken  itself  to  agricul 
tural  and  pastoral  pursuits,  which  in  part  practiced  the 
observances  of  Christian  sects,  and  which  refrained  from 
the  commission  of  robbery  and  murder,  would  probably 
be  considered  civilized. 

The  Indian  Bureau  "illustrates  its  arguments  for  a  con 
tinuation  of  past  Government  action,  by  a  reference  to 
these  and  others  more  improved.  Said  the  Commissioner 
in  his  annual  report  of  eighteen  hundred  and  sixty-eight  : 
"  Now,  if  the  laws  of  God  are  immutable,  the  application 
of  similar  causes  to  each  of  the  other  tribes  under  our  ju 
risdiction  must  produce  a  like  effect  upon  each.  If  the 
Cherokees,  Choctaws,  Chickasaws,  Creeks,  and  Seminoles 
are  civilized,  and  advancing  in  development,  so  will  be  the 
Cheyennes,  Arapahoes,  Apaches.  Kiowas,  Comanches, 
Sioux,  and  all  our  other  tribes,  if  we  will  only  use  the 
means,  in  their  cases,  that  have  been  so  wonderfully  suc 
cessful  in  the  first  named  tribe." 

This  is  simply  begging  the  question  of  the  possibility  of 
Indian  civilization,  and  christianization,  and  accepting  a 
very  narrow  definition  of  the  meaning  of  those  conditions. 
In  truth,  those  tribes  have  only  reached  the  beginning  of 


CAN   THE   INDIAN   BE   CIVILIZED  ?  249 

civilization,  .however  faithfully  they  may  copy  some  of  its 
practical  manifestations.  Behind  the  surface  there  lurk 
the  inclinations  and  paganism  of  their  forefathers,  which 
circumstances  have  repressed  but  which  instruction  has 
not  eradicated.  Men  there  are  among  them,  some  white,  a 
few  red,  and  a  few  tinged  with  negro  blood,  who  seem  to 
fairly  represent  the  intelligent  American,  though  no  in 
dependent  opportunity  has  yet  been  offered  them  to  show 
the  true  tendency  of  their  mental  operations.  The  great 
mass  may  be  said  to  be  in  a  transition  state,  without 
definite  opinions  or  ideas  upon  a  single  abstract  truth. 
It  is  the  pauper  element  of  the  United  States  living  to  a 
certain  extent  upon  Government  bounty,  whether  be 
stowed  as  annuities,  as  money  under  treaties,  or  as  sub 
sistence. 

The  condition  of  the  Cherokees  has  been  alluded  to  in 
a  former  chapter,  wherein  it  was  shown  that  all  their 
schools  and  public  institutions  were  maintained  without 
any  pecuniary  assistance  from  them,  and  it  might  be  stated 
that  the  success  of  those  institutions  depended  upon  a  con 
tinuance  of  aid.  Civilization  as  it  exists  among  them  is 
maintained  by  outside  influence,  and  has  not  yet  taken 
sufficient  root  to  allow  of  the  withdrawal  of  Government 
interference. 

No  one  would  be  prepared  to  say,  that  by  constant 
practice  for  a  long  term  of  years,  the  newly  acquired  pur 
suits  and  the  forced  systems  of  education  would  not  be 
come  permanently  fixed,  should  all  foreign  supervision  be 
removed  and  even  former  situations  be  revived.  Children 
raised  to  certain  habits  of  life,  are  apt  to  retain  them  if 
influences  are  favorable,  notwithstanding  the  nature  of 
transmitted  tendencies  and  character,  and  the  qualities  of 
the  mind  are  conditioned  by  surrounding  circumstances. 
After  a  few  generations  of  careful  training  the  Indian 
might  not  only  conform  of  his  own  will  to  the  observances 
11* 


250  CAN  THE   INDIAN   BE   CIVILIZED  ? 

which  mark  our  social  and  domestic  institutions,  but  might 
possibly  have  similar  ideas,  regarding  external  nature,  might 
pursue  the  same  processes  of  thought  and  indulge  in  the 
same  mental  reflections  as  those  which  characterize  the 
descendant  of  the  European.  Not  until  this  vague  sup 
position  becomes  reality,  will  he  become  thoroughly  in 
doctrinated  with  our  civilization.  Not  until  this  wonder 
ful  transformation  is  effected,  will  he  fight  the  battle  of  life 
energetically,  vigorously  and  successfully,  with  his  Euro 
pean  neighbor,  who  pursues,  as  it  were  by  instinct,  what  he 
must  follow  by  another's  guidance. 

The  civilization  of  the  Indian  is  not  yet  in  any  particu 
lar  an  accomplished  fact.  The  labor  which  has  been  ex 
pended  in  his  interest,  with  all  attendant  circumstances, 
has  in  many  instances  produced  this  result,  viz  :  the 
substitution  of  some  of  those  customs  through  which  we 
earn  our  daily  bread,  and  make  comfortable  our  settled 
homes,  in  place  of  the  Indian's  former  mode  of  gaining  sub 
sistence,  and  as  a  consequence  those  rules  and  regulations 
which  necessarily  govern  the  new  state  have  been  in  part 
accepted.  He  is  tamed,  he  may  be  civilized,  but  he  has 
not  by  any  means  acquired  our  civilization. 


CHAPTER  VIII. 

HOW  CAN  THE  INDIAN  BE  CONTROLLED  AND 
IMPROVED  ? 

GOVERNMENT  must  still  exercise  a  long-continued  con 
trol  over  its  Indians.  That  population  is  now  increasing, 
and  it  has  not  materially  decreased  during  the  past  two 
centuries.  Its  progress  in  civilization  has  been  so  tedious, 
that  we  may  safely  assume  that  many  years  must  elapse 
before  it  will  be  competent  to  entirely  care  for  itself,  or 
satisfied  to  live  harmoniously  under  our  laws. 

The  question  of  Indian  treatment  has  become  more  im 
portant  than  formerly,  for  the  reason  that,  western  terri 
tory  far  removed  from  white  settlements,  is  no  longer  avail 
able,  and  consequently  the  aborigines  must  necessarily 
come  in  continued  contact  with  our  citizens.  The  latter 
cannot  be  restrained  from  mingling  with  the  former  while 
relations  are  peaceful,  and  they  will  demand  and  are  en 
titled  to  protection  in  seasons  of  hostility.  The  proper 
means  of  Indian  education  and  advancement  is  no  longer 
therefore  a  problem  for  the  philanthropist  only,  but  it  be 
comes  one  for  the  practical  law-maker  also,  since  through 
these  means  must  the  quiet  and  safety  of  the  western  set 
tlements  be  sought.  Henceforth  the  United  States  must 
labor  to  improve  the  Indian  as  well  as  to  localize  him,  and 
abridge  his  territory/  Under  present  circumstances  it  is 
of  vital  importance  that  his  disposition  and  nature  be  so 
transformed,  that  he  may  be  induced  to  quietly  live  in  the 
neighborhood  and  peaceably  follow  the  pursuits  of  the 
whites. 


252  HOW   CAN   THE 

All  former  legislation  and  all  past  treaty  proceedings 
were  to  a  great  extent  based  upon  the  idea  that  civilization 
could  be  speedily  enforced  by  instructors  under  a  carefully 
restricted  intercourse  between  the  two  races.  The  old 
policy,  in  so  far  as  it  concerned  Indian  advancement,  was 
built  upon  the  belief  that  tribes  kept  apart  by  themselves, 
could  in  the  course  of  a  few  years  be  induced  through  per 
suasion  and  material  aid,  to  permanently  adopt  civilized 
habits. 

Jefferson's  ideal  Indian  nation,  Calhoun's  northern  and 
southern  reservations,  were  conceived  in  this  belief.  But 
we  have  endeavored  to  show  that  our  trade  and  intercourse 
laws  and  the  treaty  system  pursued,  which  practically  ex 
cluded  virtuous  example,  preserved  tribal  structures  and 
destroyed  individual  responsibility,  have  not  been  benefi 
cial  to  the  Indian  and  have  in  many  respects  been  perni 
cious  to  the  country.  We  have  endeavored  to  show  that  the 
large  amounts  of  money  expended  in  the  execution  of  the 
past  policy  of  the  Government,  have  yielded  little  fruit  of 
the  desired  nature,  but  on  the  contrary  have  encouraged 
and  produced  wide-spread  corruption  among  a  portion  of 
our  citizens.  We  have  from  the  outset  borne  in  mind  the 
fact,  that  the  majority  of  that  class  who  have  labored  to 
educate  and  Christianize  the  Indians,  attribute  the  meagre 
results  of  their  efforts  to  a  laxity  in  the  execution  of  the  laws. 
They  approve  the  theory  of  the  past  policy  of  the  Govern 
ment.  Keep  faith  with  the  red  man,  they  constantly  exclaim, 
and  remove  from  his  association  all  evil  disposed  white  peo 
ple,  and  his  speedy  civilization  is  assured.  It  has  been  an 
swered  that  circumstances  did  not  permit  the  rigid  enforce 
ment  of  the  laws,  that  it  was  impossible  in  the  very  nature 
of  things  to  faithfully  execute,  on  our  part,  the  treaty 
promises  made  ;  and  we  have  also  attempted  to  find  the 
difficulty  which  has  been  met,  in  the  unwillingness  of  those 
who  have  been  invited  to  be  taught,  to  receive  the  instruc- 


BE  CONTROLLED  AND  IMPROVED  ?        253 

tion  persuasively  extended,  and  their  incapacity  to  under 
stand  or  appreciate  it. 

The  old  idea,  whether  or  not  begotten  in  error,  must  be 
abandoned  because  of  the  impracticability  of  even  attempt 
ing  to  keep  the  races  separated.  Definitely  established 
Indian  settlements  in  localities  contiguous  to  white  popu 
lation  is  imperative,  and  instruction  must  be  imparted  under 
such  circumstances.  In  future  a  treaty  or  contract  system 
cannot  be  maintained.  Many  provisions  of  the  statutes 
for  the  regulation  of  trade  and  intercourse  will  become  ob 
solete,  and  the  members  of  the  tribes  must  be  made  person 
ally  responsible  to  the  criminal  law  of  the  country. 

These  modified  relations  were  recognized,  in  part,  by  the 
authorities  several  years  since,  when  a  determined  effort 
for  civilization  was  undertaken  by  the  inauguration  of  the 
Peace  Policy.  Every  red  barbarian  in  the  land  was  invited 
to  accept  support  from  the  Government,  and  to  learn  at 
his  leisure  the  blessings  to  be  derived  from  permanent  resi 
dence  and  agriculture.  A  radical  and  immediate  change 
in  Indian  life  was  expected,  such  as  the  new  situation  re 
quired  ;  but  sufficient  comment  has  been  made  on  the  sys 
tem  and  its  results  to  show  that  the  scheme  has  disap 
pointed  its  founders  and  supporters.  This  experiment  may 
be  considered  as  an  extreme  test  of  the  possibility  of  effect 
ing  Indian  civilization  under  the  conditions  of  tribal  seclu 
sion  and  through  mild  persuasion.  Unless  some  new 
method  of  Indian  control  and  treatment  can  be  discovered, 
the  disturbances  of  past  years  will  continue  indefinitely. 

The  people  demand  that  some  system  be  devised,  and 
put  in  operation,  by  which  our  Indian  population  can  be 
permanently  located,  governed  and  improved,  and  that,  too, 
quickly,  that  the  development  of  the  country  may  be  no 
longer  retarded,  and  that  the  safety  of  citizens  may  be  no 
longer  put  in  jeopardy. 

It  is  easier  to  criticise  action  than  to  discover  expedi- 


254  HOW   CAN   THE   INDIAN 

ents.  It  is  much  easier  to  theorize  than  to  furnish  sug 
gestions  suited  to  circumstances.  Still  the  experience  of 
the  past  helps  to  solve  the  questions  of  the  future.  We 
should  form  a  correct  opinion  of  the  results  necessary  to  be 
attained,  and  then  enforce  such  action  as  will  soonest  bring 
them  about.  And  not  only  should  we  ascertain  the  impera 
tive  claims  of  the  near  present,  but  should  strive  to  gain 
an  idea  of  the  far  distant  relation  of  the  two  races  to  each 
other,  from  the  study  of  experiment  and  natural  tendency. 

It  is  well  known  that  no  portion  of  the  Indian  popula 
tion  can  much  longer  maintain  itself  after  its  old  customs 
of  life,  for  wild  game  can  only  be  found  in  sufficient  quan 
tities  for  its  subsistence  in  small  sections  of  the  country. 
It  is  well  known  that  it  is  impossible  to  improve  the  In 
dian  while  in  a  nomadic  state,  and  that  in  such  condition 
he  is  a  constant  source  of  menace  to  pioneers,  and  to  the 
frontier  settlements.  It  is  also  well  known  that  much  of 
the  country  now  rendered  insecure  and  unremunerative 
because  roamed  over  by  irresponsible  tribes,  is  sought  by 
our  citizens  for  occupation,  and  that  it  is  desirable  that 
routes  of  travel  be  opened  through  the  same  which  can  be 
safely  journeyed  over  by  the  public.  In  fine,  it  is  well  un 
derstood  that  imperative  necessity  and  the  interests  of 
both  races  demand,  that  the  entire  Indian  population  shall 
be  permanently  located,  either  individually  by  tribes  or 
collectively,  and  that  it  be  compelled  to  conform  to  the 
laws  of  the  country.  It  might  also  be  stated  as  a  fact,  that 
this  population  must  be  compelled  to  work  for  its  food, 
which  must  in  future  be  largely  gained  through  agricultu 
ral  toil,  for  neither  charity,  gratitude  nor  justice,  requires 
the  Government  to  feed  it  in  idleness,  and  its  own  well- 
being  and  prosperity  calls  upon  it  to  labor  for  its  own 
maintenance  and  support. 

The  questions  which  arise  for  determination  are  these  : 
By  what  process  shall  the  tribes  be  localized  ?  Should 


BE  CONTROLLED  AND  IMPROVED  ?        255 

they  be  placed  upon  a  single  large  reservation,  or  upon 
scattered  fragments  of  territory  ?  How  shall  law  be  estab 
lished  over  them,  and  how  can  they  be  made  self-sup 
porting  ?  These  are  questions  of  primary  importance, 
and  each  relates  particularly  to  those  bands  still  devoid  of 
decidedly  permanent  habitation,  although  some  of  them 
may  be  in  temporary  occupancy  of  tracts  of  land.  The 
questions  of  control,  of  compulsory  labor,  and  of  improve 
ment,  are  pertinent  to  every  tribe  within  our  borders. 

The  subjects  must  be  looked  at  in  their  true  aspects. 
No  false  sentiment  based  upon  imaginary  rights  and  wrongs 
incident  to  past  treatment,  should  be  allowed  to  have 
weight  in  the  formation  of  opinions.  That  old  benevolent 
idea  of  original  landed  proprietorship  should  be  entirely 
discarded,  for  whatever  equity  it  may  contain,  more  than 
the  market  value  of  the  territory  will  doubtless  be  consumed 
in  efforts  for  Indian  amelioration.  Circumstances  should 
be  viewed  as  they  actually  exist,  and  the  welfare  of  both 
races  taken  into  consideration  in  framing  decisions. 

And  first,  what  course  should  Government  adopt 
towards  those  irresponsible  tribes  which  are  alternately  in 
a  state  of  pauperism  or  pupilage,  and  open  hostility  :  which 
occupy  at  times  large  reservations,  where  they  are  sub 
sisted  in  idleness,  and  then  upon  the  return  of  summer 
renew  their  nomadic  life,  and  set  all  laws  at  defiance  ? 
Shall  a  system  depending  for  its  success  upon  the  inclina 
tion  or  desire  of  the  Indians  themselves  be  still  pursued  ? 
Experience  teaches  that  many  thousands  of  dollars  must 
be  gratuitously  expended  for  every  man,  woman,  and  child 
within  such  tribe,  independent  of  all  cost  of  the  police 
regulations  necessary  to  be  maintained  for  a  long  term  of 
years,  before  it  can  be  flourishingly  localized.  The  crimes 
and  murders  which  will  be  committed  during  the  period, 
might  also  be  placed  at  a  high  figure,  but  are  too  greatly 
subject  to  contingencies  to  be  approximated. 


256  HOW   CAN   THE   INDIAN 

Shall  force  then  be  used  ?  Not  unless  a  saving  of  blood 
and  treasure  can  be  expected,  and  the  ultimate  good  of 
the  Indian  race  thereby  subserved. 

A  short  time  since  it  was  announced  "that  it  was 
cheaper  to  feed  the  Indians  than  to  fight  them."  Be  that 
as  it  may,  the  feeding  process  does  not  seem  to  diminish 
wars,  nor  has  it  apparently  improved  Indian  disposition  or 
estate.  Force  is  now  employed  to  resist  attack,  and  is 
stayed  when  the  enemy  ceases  to  slaughter.  The  Govern 
ment  merely  strives  to  defend  itself  against  its  rebellious 
children,  instead  of  correcting  them  through  any  form  of 
coercion.  Is  it  not  the  duty  of  a  kind  parent  or  guardian, 
to  exact  by  adequate  compulsion  correct  action  on  the  part 
of  the  child  or  ward  ?  The  welfare  of  the  Indians — the 
wards  of  the  Government — demands  that  they  be  perma 
nently  established  in  residence,  and  such  is  the  interest  of 
all  parties  concerned.  Why  not,  then,  if  practicable,  place 
them  and  keep  them  in  proper  localities  ? 

The  doctrine  of  force  seems  at  first  sight  harsh  as  well 
as  extravagant,  but  it  is  necessary  to  put  it  in  practice  if 
entreaty  is  a  failure,  and  it  might  be  made  to  appear  that 
the  thorough  application  of  that  doctrine  would  prove 
humane  and  economical. 

The  sooner  the  Indian  can  be  compelled  to  select  his 
abode  and  be  made  to  understand  that  it  is  definitely  fixed, 
the  sooner  will  he  be  induced  to  turn  his  attention  to  agri 
cultural  labor.  A  roving  tribe,  which  has  been  fed  and 
instructed  in  form  at  its  agency  during  the  cold  season, 
but  which  moves  its  lodges,  and  deserts  its  cabins,  for  the 
purpose  of  pursuing  the  buffalo  as  soon  as  the  weather 
becomes  favorable,  and  indulging  its  wild  nature,  cares 
nothing  for  the  instruction  offered  and  cannot  be  induced 
to  interest  itself  in  any  kind  of  manual  toil.  It  will  con 
tinue  the  same  lawless  and  troublesome  mass,  as  long  as 
there  is  game  to  feed  upon,  or  while  the  border  inhabitants 


BE   CONTROLLED   AND   CIVILIZED  ?  257 

can  be  made  to  contribute  to  its  support.  But  place  that 
tribe  under  the  care  of  a  controlling  force  ;  let  it  be  made 
conscious  that  it  is  obliged  to  remain  at  the  agency,  and 
that  should  it  break  away  therefrom,  it  would  assuredly  be 
driven  back,  and  it  might  become  interested  in  the  place, 
desire  to  construct  houses,  and  to  grow  fields  of  grain. 
The  force  should  be  adequate  to  the  emergency,  and  in 
structions  executed  to  the  full  letter.  Better  for  the  tribe 
that  it  pay  the  penalty  of  disobedience  in  blood,  than  that 
it  be  allowed  to  triumph  over  authority. 

We  have  already  commented  upon  the  fact  that  the 
beginning  of  true  social  advancement,  that  the  funda 
mental  law  of  all  civilization,  of  whatever  character,  con 
sists  in  obedience,  and  self-imposed  restraint.  A  knowl 
edge  of  abstract  individual  rights,  and  a  willingness  to  be 
governed  by  the  regulations  prescribing  them,  alone  pre 
serves  well  organized  society. 

Experience  teaches  that  centuries  pass  before  the  bar 
barian,  left  to  himself,  learns  to  restrict  action  within 
proper  limits.  Experiment  shows  that  the  Indian  race 
cannot  be  induced  through  persuasion,  to  practice  this  first 
necessity  of  lasting  improvement.  History  demonstrates 
that  tribes  and  nations  can  quickly  learn  self-restraint, 
through  a  present  controlling  external  power.  A  forcible 
restraint  upon  the  tribes,  compelling  them  to  remain  with 
in  assigned  boundaries,  would  impress  upon  them  the 
primary  lesson  of  obedience,  of  which  they  stand  in  so 
much  need.  The  more  such  force  is  exerted  to  execute 
definite,  just  and  simple  regulations,  the  sooner  will  they 
be  satisfied  to  conform  to  legal  requirements. 

While  considering  the  value  of  a  thorough  police  sys 
tem,  capable  of  restraining  the  wild  tribes  within  definite 
boundaries,  as  an  aid  in  correcting  their  wandering  pro 
pensities,  and  enforcing  a  lesson  of  obedience,  it  might  not 
be  amiss  to  allude  to  the  benefits  which  would  result  from 


258  HOW   CAN  THE   INDIAN 

the  establishment  over  them,  after  compulsory  settlement, 
and  indeed  over  all  the  tribes,  of  a  criminal  code  of  laws. 
A  sense  of  individual  responsibility,  and  consequently  an 
idea  of  relative  rights  and  obligations,  is  quickly  formed 
when  the  commission  of  crime,  or  the  infringement  of 
others'  privileges,  is  followed  by  punishment.  Personal  ac 
countability  for  offences  to  the  law  of  the  land  without  the 
possibility  of  escape,  makes  peaceful  subjects.  The  vi 
tality  of  all  law  depends  upon  its  proper  administration. 
A  penal  statute  is  enacted  to  restrain  the  depraved  class 
of  community,  and  lives  only  in  the  execution  of  its  pen 
alties.  Far  more  advantageous  for  the  welfare  of  a  civil 
ized  people,  that  definite  law  be  proclaimed,  and  fully 
carried  out,  even  if  it  does  not  answer  its  demands,  than 
that  a  wise  system  of  legislation  become  dormant  through 
lack  of  proper  enforcement.  An  unjust  law,  maintained 
in  letter  and  spirit,  will  do  more  for  the  improvement  and 
civilization  of  a  semi-barbarous  people,  than  just  laws 
feebly  executed.  The  imperative  needs  of  the  whole  In 
dian  population  within  United  States  limits  is  a  prescribed 
rule  of  action,  simple  and  just  in  its  provisions,  attended 
by  a  power  capable  of  compelling  obedience  to  its  re 
quirements. 

It  is  not  necessary  to  impose  at  once  our  whole  criminal 
code,  and  indeed  it  might  be  the  part  of  wisdom  to  with 
hold  for  a  time  such  portions  as  could  not  be  readily  com 
prehended  by  the  Indian  mind,  lest  it  give  rise  to  con 
fusion  and  groundless  apprehension  of  insecurity.  Those 
plain  prohibitions  which  the  law  has  made  to  guard  life  and 
liberty  of  person,  and  which  forbid  robbery  and  stealth, 
require  little  interpretation  to  bring  them  within  the 
understanding  of  the  uneducated.  Let  them  be  extended 
over  the  tribes,  and  firmly  impressed  through  virtuous 
decisions  and  the  rigid  execution  of  the  penalties  adjudged, 
and  soon  the  license  which  now  characterizes  the  conduct 


BE   CONTROLLED   AND    CIVILIZED  ?  259 

of  the  Indian  in  his  dealings  with  his  fellow  man,  will  be 
measurably  corrected,  by  a  knowledge  of  and  a  regard  for 
the  rights  and  privileges  which  belong  to  every  individual. 
Ten  years  passed  under  the  corrective  influences  of  our 
courts,  and  their  appliances,  would  free  his  mind  from  the 
enthralment  of  ignorance  and  vice  to  a  greater  extent  than 
a  century  of  persuasion  and  teaching.  Objections  will  be 
made  to  a  policy  of  forcible  treatment  on  these  grounds, 
viz  :  That  the  Indian  tribes  are  possessed  of  certain  na 
tional  attributes,  and  therefore  their  internal  affairs  cannot 
be  regulated  by  the  Government ;  that  existing  treaty  obli 
gations  forbid  any  interference  with  those  affairs,  and  that 
it  would  be  inhuman  to  put  in  operation  any  such  system 
of  forced  responsibility,  since  the  tribes  have  been  perse 
cuted,  defrauded  and  in  part  demoralized,  by  our  fault  and 
neglect,  and  since  the  means  sought  to  be  effected  can  be 
accomplished  through  milder  measures.  It  is  not  intended 
to  again  discuss  the  matter  contained  in  these  objections, 
but  only  to  show  by  a  glance  how  untenable  are  arguments 
based  thereon. 

Necessity  controls  action,  whatever  the  obligations 
created  by  past  promises.  Conditions  due  to  fallacious 
judgment  and  erroneous  treatment,  which  render  impossible 
the  carrying  out  of  previous  intention  or  the  fulfillment  of 
stipulated  agreements,  must  be  governed  by  existing  circum 
stances.  The  stern  logic  of  facts  pronounces  the  first  ob 
jection  indefensible.  The  fiction  which  was  once  admitted, 
that  tribes  possessed  sovereignty  as  nations,  did  not  in  truth 
create  them  dependent  or  independent  powers.  Eelieved 
of  our  treaty  embarrassments,  we  would  deem  them,  and 
without  fear  of  contradiction,  part  of  our  subject  popu 
lation.  But  notwithstanding  those  perplexing  treaties 
which  declare  our  opinions  on  the  question  of  sovereignty, 
is  it  not  undeniable  that  they  are,  as  now  circumstanced, 
without  that  quality  in  any  particular  ? 


260  HOW    CAN   THE 

The  disposition  of  the  second  objection  is  much  more 
difficult.  The  nation's  faith  is  pledged  to  a  line  of  conduct 
which  cannot  be  carried  out,  and  it  has  been  so  pledged  be 
cause  of  lack  of  foresight  regarding  celerity  of  national  de 
velopment,  and  false  impressions  concerning  the  ability  of 
the  other  party  to  the  contract,  to  fill  the  situation  which 
it  was  supposed  he  would  occupy.  Accepting  this  state 
ment  of  the  case,  the  objection  might  be  met  by  the  plea 
that  the  supreme  and  unwritten  law  which  neutralizes  all 
constitutions  and  statutes  in  cases  of  manifest  necessity, 
which  legalizes  action  taken  to  meet  unexpected  exigencies, 
now  places  the  Indian  tribes  under  the  guardianship  of  the 
United  States  even  without  their  expressed  consent.  The 
proposition  seems  wild  upon  first  thought  and  somewhat 
dubious  after  mature  reflection,  but  consider  well  the  rela 
tion  which  this  population  holds  to  the  Government,  as 
shown  by  actual  attitude,  and  does  it  not  appear  that  from 
the  very  nature  of  the  position  it  is  amenable  to  its  author 
ity  ?  Suppose,  by  way  of  illustration,  that  some  Indian  of 
a  small  treaty  tribe,  injured  in  person  or  robbed  by  his  as 
sociate,  should  appeal  for  the  protection  of  life  or  for  the 
restoration  of  property,  would  it  or  would  it  not  be  the  duty 
of  the  United  States  to  listen  to  the  complaint  ?  Under 
its  constitution  and  statutes  it  could  not  interfere.  The 
aggrieved  party  must  seek  safety  and  protection  within  his 
own  tribal  organization,  and  there  he  is  not  able  to  obtain 
either.  The  law  of  nature  and  humanity  would  not  turn 
a  deaf  ear  to  his  entreaties.  He  is  a  subject  of  the  United 
States  to  all  intents  and  purposes,  if  not  a  citizen,  and  is 
entitled  to  the  protection  of  its  courts.  Suppose  that  he  is 
wronged  by  some  member  of  a  treaty  tribe  other  than  his 
own,  how  can  he  obtain  redress  for  his  grievances  ?  The 
declared  law  of  the  land  gives  him  none.  He  must  take 
punishment  in  his  own  hand  and  content  himself  with  such 
retaliation  as  he  may  be  able  to  inflict,  else  peaceably  submit 


BE   CONTROLLED   AND   CIVILIZED  ?  261 

to  his  injuries.  As  well  base  moral  reflections  upon  a  lie, 
as  to  excuse  murder  because  of  treaty  stipulations  founded 
upon  the  fiction  of  independence.  The  agreements  which 
could  only  exist  upon  a  mistaken  supposition  of  facts,  are 
opposed  by  public  policy  and  are  hostile  to  public  morals. 
It  is  the  duty  of  the  Government  to  protect  the  individual 
members  of  the  Indian  population  in  the  exercise  of  their 
inalienable  rights,  and  the  execution  of  that  duty  necessi 
tates  the  action  of  our  courts  under  the  guidance  of  a  well 
defined  criminal  code. 

But  a  different  answer  may  be  found  to  the  objection. 
The  facts  are  supposed  to  be  these  :  The  Government  has 
made  certain  admissions  and  promises  in  treaties  which  re 
quire  it  to  recognize  as  Indian  territory  large  tracts  of  land, 
and  forbid  it  to  exercise  any  control  over  the  internal  affairs 
of  tribal  communities.  The  existence  of  these  treaties  is 
universally  deplored,  but  no  escape  therefrom  can  be  dis 
covered,  unless  through  the  consent  of  the  tribes,  without  a 
violation  of  the  national  faith.  It  is  admitted  that  those 
tribes  should  be  subject  in  all  particulars  to  governmental 
authority,  and  the  inference  that  they  are  really  so,  is  drawn 
from  the  statute  which  disallows  any  further  contract  by 
treaty.  The  difficulties  then,  which  oppose  a  change  of 
Indian  treatment,,  arise  from  a  construction  of  law  based 
on  action  committed  through  erroneous  beliefs. 

One  exit  from  the  perplexing  situation  which  all  would 
approve,  could  it  be  wisely  effected,  would  be  an  abolish 
ment  of  the  treaties  through  a  bargain  with  the  tribes. 
This,  though  a  strange  proceeding,  as  the  latter  must 
agree  by  contract  to  give  up  the  privileges  which  they 
hold  by  treaty,  would  soon  place  the  Indians  in  their 
proper  status.  But  the  trials  made  during  the  last  few 
years,  are  sufficient  to  convince  a  candid  person  of  the 
impossibility,  or  at  least  the  impracticability  of  consum 
mating  such  a  bargain,  for  at  the  present  time  millions  of 


262  HOW   CAN  THE   INDIAN 

dollars  are  demanded  for  a  transfer  of  land,  or  the  sur 
render  of  an  imagined  vested  right,  where  formerly  a  few 
thousand  would  suffice.  The  country  could  not  afford  to 
indulge  in  the  lavish  and  unjust  expenditure  which  a 
purchase  of  this  nature  would  involve. 

If  the  object  cannot  be  attained  by  contract,  the  only 
course  remaining  to  be  pursued  is  by  an  apparent  ex-parte 
action  under  statute.  We  say  an  apparent  ex-parte  action, 
•since  the  action  could  only  be  such  in  legal  aspect  and  not 
in  reality.  Congress  must  sooner  or  later  determine  a 
remedy.  The  territory  claimed  by  the  Indians  must  be 
abridged,  and  control  established  over  them,  and  if  these 
necessary  measures  cannot  be  accomplished  through  rea 
sonable  purchase  and  consent,  resort  must  be  had  to 
forcible  expedients.  To  what  extent  can  they  be  applied 
under  strict  legal  principles  ? 

The  tenure  by  which  the  tribes  are  in  possession  of  land 
is  really  of  the  same  character  as  that  by  which  a  private 
citizen  holds  his  patented  real  estate.  The  patent  is 
equivalent  to  a  warranty  deed,  with  full  covenants,  and 
such  an  instrument  passes  continued  complete  ownership. 
The  estate  belongs  to  the  patentee  and  his  heirs  forever. 
So  the  tribes  have  been  invested  with  real  property,  with 
power  to  hold  the  same  for  all  time.  They  gain  no  greater 
title  in  law  by  reason  of  original  occupancy,  for  their 
tenure,  in  such  territory,  is  the  same  as  that  conveyed  by 
treaty.  Their  title  and  that  of  the  private  citizens,  in  the 
land  occupied  by  them  respectively,  does  not  differ  in  any 
particular.  In  either  case  the  Government  holds  the 
ultimate  fee,  arid  can  exercise  the  right  of  eminent  do 
main.  If  public  necessity  demands  portions  of  this  estate, 
for  highways  or  for  permanent  use  and  occupancy,  it  can, 
through  the  forms  of  law,  take  possession  of  the  same,  and 
cancel  the  holder's  claim  by  paying  an  appraised  valuation. 

Analogous  deductions  follow  the  further  application  of 


BE   CONTKOLLED   AND   CIVILIZED  ?  203 

strict  rules  to  facts.  It  must  be  remembered  that  Con 
gress  has  found  that  the  tribes  are  no  longer  in  any  respect 
sovereign,  and  therefore  the  nature  of  political  relations 
with  them  has  materially  changed.  One  of  the  parties  to 
the  treaty  stipulations  has  expired  and  left  no  successor. 
Expired  too  by  its  own  act,  since  it  freely  relinquished 
whatever  national  attributes  it  ever  possessed  in  those  same 
stipulations.  What  becomes  then  of  the  treaties  ?  Do  they 
live  and  can  they  be  enforced?  Admitting  that  the  Gov 
ernment  should,  if  possible,  perform  its  promises,  which 
they  contain,  how,  we  ask,  can  it  leave  the  tribes  to  their 
own  control? 

The  moment  the  latter  lost  their  sovereignty  they 
passed  under  United  States  laws.  The  members  thereof 
at  that  time  became  subjects,  and  Congress  could  not  con 
stitutionally  exempt  them  from  the  resulting  legal  ac 
countability,  even  had  it  been  disposed  to  do  so.  They 
are  not  children  nor  people  of  unsound  mind.  They 
formerly  constituted  nations  with  which  the  United  States 
contracted  by  treaty.  They  did  not  fall  from  that  estate 
into  legal  imbecility.  Those  stipulations  which  promised 
self-government,  expired  with  nationality,  and  the  mem 
bers  of  the  tribes  are,  by  strict  construction,  responsible  for 
their  actions  to  United  States  authority.  They  are  in 
theory  answerable  to  the  criminal  law  of  the  country,  and 
it  can  and  should  be  extended  over  them  practically. 
While  roving  over  an  extensive  territory  they  are  able  to 
elude  justice,  consequently  they  must  be  confined  to  such 
limits  as  will  insure  their  liability  to  proper  jurisdiction. 

Similar  conclusions  might  be  reached  upon  any  presen 
tation  of  legally  acknowledged  facts.  View  the  Indian 
treaties  as  past  international  compacts,  or  as  the  deceitful 
proofs  of  a  deceitful  and  unnatural  policy,  their  validity  as 
binding  unexecuted  agreements,  either  in  law  or  morals, 
may  be  seriously  questioned. 


264  HOW   CAN   THE   INDIAN 

So  much  of  the  remaining  objection  as  asserts  that  the 
tribes  have  been  demoralized  by  reason  of  the  mistakes  or 
negligence  of  Government,  and  that  they  can  be  quickly 
improved  or  effectively  controlled  by  mild  and  persuasive 
measures,  has  been  already  sufficiently  answered  in  preced 
ing  chapters.  The  conclusion  that  a  system  of  forced  re 
sponsibility  could  not  be  rightfully  practiced  would,  if  the 
views  which  have  been  advanced  are  correct,  be  of  slight 
importance.  The  apparently  humane  idea  that  the  Indian 
population  is  excused  from  accountability  for  criminal  con 
duct,  because  of  ignorance  or  because  of  wrongs  received,  is 
not  in  accordance  with  commonly  accepted  Biblical  doc 
trine.  The  ignorance  of  man  is  a  sin.  if  instruction  freely 
offered  for  his  enlightenment  is  refused.  It  will  not  pre 
serve  him  from  future  punishment  if  he  is  guilty  of  wicked 
action  nor  will  it  justify  retaliation.  Surely  that  class  of 
citizens  which  has  the  welfare  of  society  at  heart,  and 
which  believes  that  the  decrees  of  Divine  wisdom  would 
not  permit  ignorance  and  moral  obliquity  to  palliate 
offences,  could  not  consistently  oppose  the  establishment  of 
a  penal  code  of  laws  over  our  Indian  tribes,  upon  the 
simple  dictates  of  humanity. 

But  neither  rigid  legal  conclusions  nor  the  claims  of 
expediency  ought  to  prevail  over  the  conscientious  dis 
charge  of  a  duty  when  it  can  be  fulfilled.  Although  the 
specific  performance  of  Indian  treaty  agreements  is 
manifestly  impossible,  they  have  some  validity  when  con 
sidered  as  moral  obligations.  Those  promises  of  the  Gov 
ernment  which  affect  territory  and  stipulate  the  continued 
payment  of  annuities,  may  be  cancelled  for  a  money  con 
sideration,  and  this  mode  of  procedure  appears  to  be  the 
only  honorable  course  which  can  under  the  circumstances 
be  pursued.  A  fair  appraisement  of  the  market  price  of 
the  land  not  needed  for  agricultural  and  grazing  purposes, 
and  a  proper  estimate  of  the  present  value  of  the  annuities, 


BE   CONTROLLED   AND   CIVILIZED  ?  265 

should  be  made,  and  the  sums  adjudged  should  be  appro 
priated  and  held  in  trust  to  be  expended  for  the  benefit 
and  education  of  the  tribes.  The  necessary  legislation 
might  then  be  passed  to  fully  explain  their  actual  status 
and  to  fix  conditions  for  future  control. 

The  Indian  opposition  with  which  a  policy  of  enforced 
restraint  would  be  obliged  to  contend,  cannot  be  ascertained 
except  by  experiment.  Opinions  on  this  subject  would 
vary  widely,  and  all  would  be  supported  by  unsatisfactory 
speculation.  A  fair  presumption  would  lead  to  the  sup 
position  that  the  tribes  still  roaming  would  stoutly  contest 
all  attempts  to  keep  them  within  the  boundaries  of  small 
reservations,  and  that  many  of  those  already  settled  would 
resist  the  officers  of  the  courts  engaged  in  serving  process. 
As  regards  settlement,  much  depends  upon  the  extent  to 
which  the  freedom  of  the  individual  is  abridged.  A  meas 
ure  which  forbade  the  person  simply  to  pass  beyond  certain 
narrow  territorial  limits  would  be  an  unnecessary  check  to 
liberty  and  calculated  to  provoke  hostility.  Combinations 
of  individuals  absenting  themselves  for  lengthy  periods, 
passing  the  time  in  wanderings  and  relying  for  subsistence 
upon  the  indulgence  of  their  former  hunting  habits,  is  the 
proceeding  which  must  be  especially  guarded  against,  since 
it  defeats  the  purposes  which  are  sought  to  be  accomplished. 
This  continues  the  natural  characteristics  of  restlessness, 
vice  and  indolence,  and  retards  any  growth  of  interest  in 
local  habitation,  and  a  permanent  home.  Occasional  ab 
sence  of  individual  Indians  from  their  reservations,  might 
not  impede  instruction  nor  work  any  injury,  and  they  might 
esteem  a  permitted  absence  a  privilege. 

There  is  likewise  an  opportunity  for  the  display  of  wis 
dom,  when  practically  establishing  the  jurisdiction  of 
courts  of  justice.  Light  offences  might  at  first  be  over 
looked  and  only  those  persons  guilty  of  grave  crimes  and 
misdemeanors  be  subjected  to  arrest,  trial  and  punishment. 
12 


2GG  HOW   CAN   THE   IXDIAX 

This  would  bring  the  action  of  the  courts  within  the  intel 
ligence  of  those  liable  to  answer  for  their  deeds,  and  they 
could  therefore  act  understandingly. 

With  the  exercise  of  prudence  in  management  as  re 
gards  such  particulars,  opposition,  if  not  allowed  to  prevail 
at  the  outset,  would  soon  become  weak.  The  tribes  will 
submit  when  they  feel  that  a  controlling  force  is  exerted 
to  accomplish  a  definite  object  and  is  not  cruelly  exercised, 
although  it  may  abridge  the  freedom  formerly  practiced. 

Inquiries  regarding  the  means  proper  to  be  used  to 
promote  the  education  of  the  Indian  population,  when  con 
fined  on  reservations,  are  pertinent  in  this  connection,  since 
upon  them  will  depend  largely  the  vigor  and  endurance  of 
its  determination  to  resist  the  restraints  advocated.  If  its 
necessary  wants  can  in  some  manner  be  supplied,  it  will 
much  sooner  be  disposed  to  accept  the  new  situation,  and 
if  the  comforts  of  life  could  also  be  obtained,  a  contented 
acquiescence  might  finally  result.  We  intend  to  make  but 
a  few  suggestions  in  this  connection,  and  they  will  be  of  a 
general  character. 

Aid  must  be  extended,  but  it  should  be  of  such  a  nature 
as  to  encourage,  if  not  force,  industry.  Subjection  to  law 
will  crush  out  all  vestiges  of  tribal  authority  and  assist  to 
create  individual  responsibility.  Some  additional  expedi 
ent  should  be  resorted  to  to  break  up  community  of  interest 
and  to  abolish  tribal  ceremonies.  Then  whatever  exertions 
are  put  forth  by  the  Government,  they  will  be  brought  to 
bear  directly  upon  the  person,  and  in  this  way  only  can 
they  be  made  effective.  This  indispensable  requirement 
of  public  action  should  be  kept  steadily  in  mind.  The 
agent  should  be  vested  with  sufficient  authority,  and 
granted  the  requisite  power,  to  enable  him  to  practically 
discourage  all  forms  of  communism.  Assistance  should  in 
all  instances  be  extended  to  the  individual,  who  should  be 
made  responsible  for  its  uses  or  abuses.  It  must  be  sup- 


BE   CONTROLLED   AND   CIVILIZED  ?  26? 

plied  in  a  variety  of  forms.  The  Indian  must  be  subsisted 
for  a  time,  as  well  as  furnished  with  domestic  implements 
and  educational  resources,  but  conditions  should  accom 
pany  those  gifts  which  are  intended  for  consumption,  or  as 
appliances  of  labor,  and  attendance  be  compelled  whenever 
instruction  is  imparted.  The  conditions  meant  are  these  : 
That  work  should  be  exacted  of  the  person  who  receives 
food,  and  that  he  should  not  be  allowed  to  retain  such  tools, 
agricultural  equipments  and  household  utensils  as  are  pro 
vided  for  him,  unless  he  properly  applies  them. 

By  the  compulsory  measure  suggested,  we  would  be 
understood  to  convey  the  idea  of  the  necessity  of  obliging 
attendance  at  such  simple  educational  institutions  as  must 
be  put  in  operation  to  secure  mental  improvement. 

This  qualified  bestowal  of  benefits,  or  rather  these  forced 
conditional  gifts  and  advantages,  are  essential  in  order  to 
effect  the  progress  of  the  Indian.  The  visionary  concep 
tion  that  he  will  voluntarily  employ  the  means  placed 
within  his  reach  to  enable  him  to  take  up  and  faithfully 
pursue  a  laborious  occupation,  conflicts,  we  maintain,  with 
all  the  teachings  of  experiment.  Instruction  and  material 
aid  must  not  only  be  offered,  but  the  intended  recipient 
must  be  compelled,  in  some  manner  other  than  by  peaceful 
argument  and  spoken  encouragement,  to  take  and  profit  by 
them.  In  placing  restraint  directly  upon  the  individual,  in 
stead  of  reaching  him  through  an  intermediate  tribal  organ 
ization,  the  possibility  of  effecting  desired  results  is  created. 

Of  course  the  heads  of  families  of  a  roving  tribe  must, 
after  settlement,  commence  the  cultivation  of  the  soil,  and 
definite  portions  of  land  must  be  assigned  to  them  upon 
which  they  may  erect  their  cabins  and  establish  their  homes. 
Let  them  understand  that  much  of  their  food  will  depend 
upon  their  exertions  in  planting  fields  and  tending  crops, 
and  that  they  will  be  unmolested  in  their  occupations.  Let 
them  be  practically  instructed  and  furnished  with  imple- 


268  HOW   CAN  THE  INDIAN 

ments  as  soon  and  as  long  as  they  are  disposed  to  use  them 
advantageously,  otherwise  to  be  deprived  of  them,  and  let 
stringent  regulations  be  carried  out,  giving  but  meagre 
subsistence  to  the  idle  and  permitting  the  industrious  to 
reap  the  full  benefits  of  their  labors.  Make  labor  an  object 
by  allowing  its  rewards  to  increase  the  comforts  of  those 
who  expend  it,  beyond  that  of  their  less  industrious  neigh 
bors  by  the  full  value  of  its  proceeds.  Assist  those  dis 
posed  to  work  to  prepare  comfortable  dwellings,  and  sup 
ply  them  with  the  furniture  and  utensils  necessary  to 
proper  domestic  life,  and  finally  let  all  appliances  and 
means  be  resorted  to  which  will  strengthen  the  sense  of 
individual  importance,  responsibility  and  reliance,  whether 
by  encouragement,  compensation  or  punishment,  according 
as  conduct  merits  commendation  or  reproof. 

While  this  most  important  lesson  is  being  impressed,  a 
practical  understanding  of  a  new  mode  of  life  is  being 
rapidly  acquired.  Rapidly  we  say,  although  that  word  needs 
qualification.  We  mean  as  rapidly  as  Indian  characteristics 
will  permit,  for  it  cannot  be  expected  that  natural  improvi 
dence  and  indolence  can  be  mastered  without  a  long  and 
severe  struggle.  Yet  such  a  course  of  treatment  will  pro 
duce  dual  results,  each  having  the  same  tendency,  and  both 
necessary  to  be  achieved  before  the  Indian  can  be  fitted  to 
occupy  his  destined  political  position,  which  is  that  of  citi 
zenship.  The  first  and  most  essential  of  these,  although 
its  importance  seems  hitherto  to  have  been  greatly  over 
looked,  is  a  fixed  individual  accountability  to  authority, 
accompanied  by  a  definite  comprehension  on  the  part  of  the 
person,  of  his  duties  and  obligations  and  his  legitimate  re 
lation  to  society.  The  second,  and  that  which  has  been 
sought  by  the  Government  in  all  past  dealing,  is  a  practical 
knowledge  on  the  part  of  the  Indian  of  the  habits  and  oc 
cupations  which  must  be  voluntarily  observed  and  followed 
by  him,  before  he  shall  cease  to  be  a  burden,  and  before  he 


BE  CONTROLLED  AND  IMPROVED  ?         269 

can  be  invested  with  political  privileges.  The  former  sus 
tains  the  latter  and  insures  its  accomplishment.  The  latter 
cannot  be  permanently  secured  except  through  the  exist 
ence  of  the  former.  Every  step,  therefore,  gained  towards 
both  results  is  an  advance  in  the  direction  of  substantial 
progress. 

The  compulsory  process  which  must  be  resorted  to,  in 
order  to  impress  that  other  requisite  of  true  advancement, 
should  be  considered.  Owing  to  the  indifference  of  pa 
rents  in  the  matter  of  their  children's  education,  and  the 
absence  of  any  kind  of  family  government,  it  has  been 
found  impossible  to  secure  the  attendance  of  the  Indian 
youth  at  the  schools  provided  for  them.  The  children, 
soon  tired  of  restraint,  withdraw,  and  mild  inducements  to 
correct  the  evil  have  thus  far  failed.  Statistics  yearly  sent 
to  Washington  from  the  agencies,  would  make  the  state 
ment  appear  erroneous,  but  it  is  believed  that  no  portion  of 
the  official  reports  are  more  calculated  to  deceive  than 
those  which  give  the  enumeration  of  the  scholars  yearly 
instructed.  Our  statement  is  true,  if  allowed  general  ap 
plication,  and  is  supported  not  only  by  naked  fact,  but  is 
rendered  probable  by  the  very  nature  of  circumstances. 

The  difficulty  should  be  met  in  some  way,  for  without 
the  proper  application  of  this  measure,  the  Indian  popula 
tion  cannot  very  soon  reach  that  point  in  civilization 
which  would  suffer  citizenship  to  be  conferred.  The 
unnatural  mental  development  which  it  must  undergo 
before  it  can  rightfully  demand  the  privilege,  cannot 
be  effected,  except  by  impressing  the  minds  of  its  children 
with  wholesome  instruction,  and  fixing  upon  them  differ 
ent  habits  than  those  which  have  governed  their  fathers. 
The  great  advantage  to  be  gained  in  supplying  the  cabins 
of  adults  with  utensils,  furniture,  and  those  articles  which 
are  commonly  looked  upon  as  household  comforts,  is  that 
the  young,  becoming  accustomed  to  their  use,  will  con- 


270  HOW   CAN   THE   INDIAN 

sider  them  necessities  in  after  years.  The  parent  can 
be  taught  to  plow,  to  sow,  to  reap,  and  to  construct 
buildings,  but  cannot  be  made  to  unlearn  the  practices 
of  his  youth,  and  will,  unless  sustained  and  restrained, 
glide  back  into  them.  He  would  not  be  profited  by  the 
study  of  books,  for  his  creed,  opinions  and  twisted  theories, 
cannot  be  supplanted.  The  child  takes  by  inheritance, 
it  is  true,  but  he  can  be  modeled.  The  course  of  natural 
tendency  may  be  changed  somewhat,  and  a  second  nature, 
as  it  were,  fabricated.  By  such  action,  persevered  in  for 
a  few  generations,  might  the  white  and  red  races  be 
gradually  assimilated  both  in  thought  and  belief.  Schools 
should  be  maintained,  and  the  children  be  compelled  to 
attend.  Parents  must  direct  it,  and  the  children  be 
encouraged  to  yield  a  willing  obedience.  A  rule  estab 
lished  to  accomplish  the  purpose,  can  only  be  successfully 
carried  out  through  the  instrumentality  of  the  former,  and 
their  acquiescence  and  support  must  be  secured  through 
conditions  affecting  their  interest  or  desires.  The  course 
of  treatment  herein  recommended,  should  be  extended  as 
far  as  the  same  may  be  applicable  to  the  tribes  already 
definitely  located.  They  also  need  to  be  taught  the  lesson 
of  individual  accountability  and  self-reliance.  They  re 
quire  prescribed  law,  and  more  correct  conceptions  regard 
ing  the  necessities  and  advantages  of  labor.  Treaties  should 
be  annulled,  a  criminal  code  imposed,  the  rights  of  persons 
protected,  and  educational  regulations  carried  out.  In  no 
other  way  can  tribal  influences  be  overcome,  and  inde 
pendence  of  character  established. 

The  success  of  such  radical  measures  demands  vigor, 
ability,  and  integrity  of  administration,  and  the  results 
which  it  is  believed  would  follow,  are  those  which  have 
been  desired  since  the  foundation  of  Government.  The 
great  Indian  problem,  simply  stated,  is  this,  and  nothing 
more  :  How  shall  the  Indian  be  converted  into  a  law-abid- 


BE   CONTROLLED   AND   IMPROVED  ?  271 

ing,  self-supporting  member  of  society,  and  not  how  shall 
tribal  structures  be  preserved,  or  how  shall  Indian  nations 
be  built  up  ?  The  measures  suggested  lay  hold  of  the 
individual,  and  bring  him  out  of  the  darkness,  which 
tribal  influences  throw  around  him.  They  place  his  feet 
in  the  path  of  true  development.  They  allow  him  neither 
to  fall  back,  nor  turn  aside,  and  assisting  him  by  advice 
and  encouragement,  they  bid  him  journey  on  and  secure 
his  manhood. 

A  strong,  efficient  force  would  be  required  to  fully  in 
augurate  these  innovations  in  our  system  of  Indian  man 
agement.  Ifc  might  not  be  expedient  to  commence  pro 
ceedings  against  all  the  tribes  at  one  and  the  same  time. 
The  necessary  laws  might  be  enacted,  and  they  might  be 
put  in  operation  among  those  bands  which  are  hostile  or 
troublesome.  These  must  be  forcibly  driven  upon  reserva 
tions,  and  there  they  should  be  forcibly  held.  While  this 
labor  is  being  expended,  the  extra  force  required  to  carry 
out  the  measures  of  control  proposed,  would  be  inconsidera 
ble,  and  its  maintenance  would  result  in  a  saving  of  money, 
because  under  the  present  policy  the  bands,  when  driven  to 
their  agencies,  where  they  are  fed  in  idleness,  deliberate 
upon  and  mature  projects  for  future  hostilities,  and  having 
perfected  arrangements,  go  boldly  forth  to  execute  them. 
Then  they  must  be  again  met  and  compelled  to  promise 
peace.  Placed  at  their  agencies  under  the  vigilant  eye  of 
an  energetic  police  or  military  power,  and  disarmed  of  all 
weapons  of  war,  they  would  be  obliged  to  check  their  pas 
sions  and  seek  a  change  of  employment.  Not  until  then 
are  they  prepared  to  listen  to  proposals  for  fixed  abodes, 
cultivated  fields,  and  productive  labor.  Even  if  the  yearly 
expenditure  thus  incurred  is  in  excess  of  amounts  formerly 
paid  out,  the  course  will  prove  economical  in  the  end.  If 
the  measures  are  pursued  with  persistent  determination  for 
a  short  term  of  years,  the  tribe  subjected  to  the  action  will 


272  HOW  CAN  THE   INDIAN 

have  reached  the  position  of  those  already  sufficiently 
advanced  to  be  officially  termed  civilized,  whereas  under 
past  treatment,  millions  of  money  and  decades  of  years 
would  be  required  to  force  it  to  that  point. 

Those  tribes  which  are  already  localized  and  are  osten 
sibly  following  agricultural  pursuits,  would  not  probably 
make  any  decided  united  opposition  to  the  increase  of  re 
straint,  which  must  necessarily  follow  the  introduction  of 
new  features  in  our  Indian  policy.  Part  of  them  have 
ceased  to  be  a  threatening  element  of  our  population.  An 
armed  force  is  not  required  to  hold  them  in  check  as  at 
present  situated,  and  should  a  change  of  treatment  compel 
its  establishment,  public  expense  would  be  augmented 
thereby.  Still,  politic  proceedings  on  the  part  of  those  en 
gaged  in  exercising  control  might  avert  serious  disturb 
ances,  although  there  would  undoubtedly  be  many  in 
stances  of  individual  enmity.  The  actual  or  near  presence 
of  a  power  able  to  maintain  the  peace  and  execute  orders, 
would  be  a  wise  precaution  against  meditated  danger,  and 
that  the  prudent  might  with  good  reason  predict  trouble 
even  with  our  most  cultivated  tribes,  in  many  cases  which 
must  arise,  is  shown  by  the  conduct  of  the  Cherokees  a  few 
years  ago  when  they  defied  the  lawful  writs  of  the  United 
States  Courts. 

Evidently  the  force  at  the  command  of  the  Executive 
head  of  the  Government  is  entirely  inadequate  to  the  full 
inauguration  of  an  active  Indian  policy  of  restraint.  Pru 
dence  and  expediency  might  dictate  that  it  be  put  in  actual 
operation  only  among  those  tribes  which  threaten  the 
rights  and  the  lives  of  peaceable  citizens,  and  possibly  those 
still  totally  unreclaimed.  On  purely  economical  grounds, 
however,  we  believe  that  its  complete  and  vigorous  enforce 
ment  upon  our  entire  Indian  population,  as  quickly  as 
adequate  arrangements  can  be  made,  would  prove  beneficial. 
It  must  be  applied  and  cannot  be  indefinitely  deferred. 


BE  CONTROLLED  AND  IMPROVED  ?         273 

The  relative  local  positions  of  the  two  races  will  not  long 
permit  a  continuance  of  past  proceedings.  Much  of  the 
territory  now  covered  by  treaty  stipulations  must  be 
cleared  of  its  incumbrance.  Tribal  institutions  cannot  be 
perpetuated.  The  Indians  must  shortly  come  out  from 
under  their  baneful  influences  and  unwarrantable  protec 
tion.  They  must  be  fitted  by  some  process  more  speedy  in 
the  production  of  desired  results  than  the  present  one,  to 
engage  in  the  struggle  for  the  necessities  of  life  through 
lawful  occupation,  else  be  overwhelmed  by  opposing  agen 
cies.  The  millions  of  dollars  now  annually  expended  in 
their  behalf  in  measures  of  restraint,  maintenance  and 
education,  might  in  so  far  as  the  money  prepares  them  to 
become  American  citizens  or  indeed  intelligent  and  vir 
tuous  subjects,  be  considered  as  almost  wasted.  That  por 
tion  appropriated  in  support  of  the  two  last  named  meas 
ures  may  be  regarded  as  the  cost  of  a  mistaken  charity,  or 
as  tribute  rather,  exacted  as  the  price  of  peace. 

The  yearly  payment  of  the  entire  sum  must  be  con 
tinued  while  the  present  system  of  management  is  pursued, 
without  effecting  any  great  degree  of  permanent  good,  and 
finally  force,  either  for  destruction  or  restraint,  must  be  re 
sorted  to.  That  sum,  increased  by  a  small  fraction  thereof, 
would,  we  believe,  if  properly  applied,  be  sufficient  to  estab 
lish  and  main  tain  the  conditions  of  control  we  have  named. 
Much  of  it  would  accrue  from  the  fund  created  by  the 
equitable  extinguishment  of  treaty  land  title  and  of  prom 
ised  annuities,  for  which  the  Government  would  receive  an 
equivalent,  and  which,  sooner  or  later,  it  would  be  morally 
bound  to  pay.  In  reality  therefore  the  gratuitous  expen 
diture  would  not  be  greatly  augmented.  Each  year  of 
successful  management  would  diminish  the  fear  of  out 
breaks,  and  the  force  could  be  correspondingly  decreased. 
Each  year  of  successful  management  would  also,  it  is  be 
lieved,  firmly  impress  upon  the  Indian  more  correct  ideas 
12* 


2?4  HOW  CAN  THE   INDIAN 

of  life  and  duties,  and  the  cost  of  supporting  him  would  be 
gradually  lessened.  Economy  and  the  welfare  of  both 
races  interested  in  the  issue  advise  the  full  adoption  of  the 
policy. 

Suspicions  that  a  forcible  course  of  treatment  brought 
to  bear  upon  the  members  of  the  tribes  would  produce  any 
determined  and  united  hostility  on  their  part,  cannot  we 
say,  be  reasonably  entertained,  and  yet  should  there  exist 
a  well  grounded  expectancy  that  such  would  be  the  case, 
the  proper  action  should  be  applied,  and  the  necessary 
preparations  made  to  meet  the  anticipated  emergency.  It 
is  worse  than  folly  to  continue  the  present  system  in  all 
its  features.  It  drains  the  treasury  of  the  Government, 
and  will  do  so  indefinitely,  without  bringing  about  any  of 
the  results  aimed  at,  not  even  preserving  friendly  rela 
tions. 

The  mistaken  notion  still  prevails,  that  the  Indian 
population  should  be  concentrated  upon  one  or  possibly 
two  large  reservations.  Sufficient  has  already  been  said 
upon  the  effect,  as  regards  progress  in  civilization,  produced 
by  the  removal  of  the  eastern  tribes  to  the  territory  west 
of  the  Mississippi  River.  It  was  maintained  that  their 
growth,  mentally  and  morally  considered,  was  retarded  and 
not  accelerated  by  the  change,  because  it  deprived  them  of 
the  example  and  influence  of  regulated  society.  It  was 
also  maintained  that  the  collection  of  such  large  bodies  of 
Indians  upon  a  centrally  located  and  large  tract  of  territory 
within  the  United  States,  would  create  further  disturb 
ances  and  a  variety  of  legal  conflicts,  because  of  the  at 
tempt  which  was  being  made  to  erect  by  the  treaty  process, 
a  quasi  nationality,  or  at  least  a  subject  government  of 
purely  Indian  constituency.  It  was  affirmed  that  any  such 
creation  of  the  character  designed,  could  not  be  constructed 
and  operated,  because  it  would  be  an  anomalous  political 
institution.  We  shall  not  therefore  speak  further  of  the 


BE   CONTROLLED   AND   IMPROVED  ?  275 

erroneous  practice  still  persisted  in,  of  transferring  bands 
of  Indians  from  populous  localities  to  places  remote  from 
those  in  which  civilization  has  been  established,  nor  of  the 
dangers  to  be  apprehended  from  the  false  measure  of  con 
centration,  except  as  allusions  to  the  benefits  which  it  might 
be  conceived  would  follow  a  contrary  course  of  action  may 
make  it  desirable. 

After  a  careful  consideration  of  the  objects  which  it  is 
important  to  accomplish,  the  impression  that  the  reserva 
tions  for  the  permanent  occupation  of  the  tribes  should  be 
in  the  neighborhood  of  white  settlements,  should  be  of  very 
limited  extent  and  many  in  number,  is  confirmed.  This 
view  would  not  be  agreeable  to  the  inhabitants  of  States 
and  territories  who  dislike  the  proximity  of  Indians,  but 
the  good  of  the  latter  has  been  alone  considered  in  reach 
ing  the  above  conclusions.  Contiguous  neighborhood 
would  not  only  afford  near  example,  but  would  render  less 
difficult  the  administration  of  law.  Trial  by  jury  ought  to 
be  followed,  as  the  constitution  requires,  and  legal  practices 
should  conform  to  those  universally  existing  throughout 
the  country,  both  that  the  spirit  of  liberty  might  be  main 
tained  by  common  custom,  and  also  that  the  courts  might 
have  precedent  to  guide  action.  In  order  to  carry  out 
such  usages  acceptably,  judicial  districts  should  contain  a 
fair  proportion  of  inhabitants  capable  of  serving  as  jurors  in 
trials.  Legal  innovations  adopted  to  suit  a  particular  class 
of  the  public  are  dangerous  to  the  permanency  of  our  institu 
tions,  and  that  such  must  be  introduced  in  order  to  success 
fully  apply  the  law  to  the  majority  of  the  Indian  commu 
nities,  might  be  presumed,  if  upon  them  alone  is  to  depend 
indictment,  and  the  discovery  of  facts  constituting  crime. 
And  here  a  question  arises  for  consideration  : — Whether 
the  United  States  Courts  should  alone  take  cognizance  of 
the  crimes  committed  by  Indians  on  their  reservations, 
or  whether  the  courts  of  States  and  territories  in  which 


276  HOW   CAN   THE 

the  same  may  be  located,  should  pass  upon  them. 
The  former  have  no  inherent  common  law  jurisdiction, 
but  only  such  as  is  conferred  by  statute,  and  should  they 
exercise  sole  judicial  control,  a  code  of  criminal  law  must 
be  enacted  by  Congress,  intended  to  apply  specially  to  the 
Indian  population,  or  at  least  Congress  must  declare  the 
common  law  offences  criminal,  before  its  courts  can  take 
cognizance  of  the  same.  In  the  absence  of  treaties  and 
statutes,  expressly  forbidding  it,  state  courts  could  now 
exercise  jurisdiction  over  all  reservations,  situated  within 
State  limits,  and  this  right  has  been  declared  by  several 
State  legislatures.  To  obviate,  then,  the  necessity  of 
enacting  a  special  code,  applicable  only  to  a  small  portion 
of  our  population,  treaties  might  be  annulled,  and  all 
prohibitory  United  States  statutes  repealed,  and  thereupon 
State  and  territorial  courts  could  exercise  the  needed 
control.  In  such  an  event,  Indian  residence  should  be 
within  organized  counties,  and  in  proximity  to  white 
inhabitants,  who  are  capable  of  performing  the  duties 
of  intelligent  jurymen.  It  might  be  better,  however,  to 
vest  in  the  district  court  of  the  United  States  the  sole 
interpretation  of  the  laws  regulating  Indian  action,  and 
then  a  simple  code  of  criminal  law,  which  might  be  com 
prehended  by  the  Indian  mind,  could  be  put  in  operation, 
and  the  Government  would  continue  to  retain  entire 
supervision  of  its  wards,  until  they  shall  have  acquired 
sufficient  intelligence  to  understand  our  complex  system 
of  judicature  and  individual  accountability.  Even  then, 
the  tribes  must  be  so  located,  that  resort  may  be  had  to  a 
body  of  citizens,  to  assist  in  the  administration  of  justice, 
both  as  judges  of  facts  involving  questions  of  alleged 
offences,  and  as  officers  enforcing  the  mandates  of  the 
courts,  for  unreconstructed  Indians  would  be  entirely 
unreliable  in  those  capacities. 

Reservations  of  great  extent  are  undesirable.     If  they 


BE   CONTROLLED   AND   IMPEOYED  ?  277 

are  larger  than  required  to  permit  the  accomplishment  of 
the  purposes  of  settlement,  they  are  an  evil.  The  custom 
of  granting  a  section  of  territory,  or  even  a  tract  contain 
ing  many  square  miles  of  land,  that  the  Indians  may 
indulge  their  propensities  to  roam  about,  weakens  the 
effect  of  civilizing  influences.  It  also  keeps  a  tribe  in 
perpetual  unrest,  since  periodical  demands  will  be  made 
by  Government  for  those  portions  actually  unoccupied,  as 
the  citizen,  immigrant  or  corporation,  may  make  request 
therefor.  This  both  renders  it  impossible  to  fix  in  the 
mind  of  the  Indian  a  feeling  of  security  in  his  home,  and 
shakes  his  belief  in  the  public  assurances  of  future  per 
manency  which  are  always  given  him,  whenever  abridg 
ments  of  territorial  limits  are  made.  Whatever  amount  of 
land  is  needed  to  enable  him  to  follow  the  pursuits  to 
which  he  is  called,  should  be  allowed  him  at  once,  and 
nothing  more.  Even  with  that  intent  in  view,  he  would 
probably  receive  more  than  a  required  share ;  for  the 
American  idea,  that  one  hundred  and  sixty  acres  are 
indispensable  to  a  white  inhabitant  seeking  to  support  a 
family,  is  generally  enlarged  when  the  requirements  of 
the  red  race  are  considered.  It  seems,  then,  to  be  the 
opinion,  judging  from  past  actions,  that  reservations 
should  contain  one  hundred  and  sixty  acres  for  each 
Indian,  man,  woman  and  child,  or  a  square  mile  for  each 
family  domiciled.  Five  times  this  amount  might  prove  a 
scanty  quantity,  if  situated  on  those  barren  plains  of  the 
West,  but  if  selected  in  a  fertile  section  of  country,  where 
abundant  crops  would  reward  the  husbandman's  labor, 
it  should  be  greatly  diminished.  The  American  farmer 
suffers  more  from  too  great  possessions  in  land,  which 
he  poorly  cultivates,  than  from  a  limited  supply.  The 
work  which  he  performs,  if  wisely  expended  upon  fifty 
acres,  would  yield  more  profitable  returns  than  if  thinly 
spread,  as  is  too  apt  to  be  the  case,  over  thrice  that  num- 


278  HOW  CAN  THE   INDIAN 

ber.  The  soil  of  Belgium  supports  three  hundred  and  fifty 
persons  to  the  square  mile,  and  it  is  estimated  that  the 
continent  of  Europe,  already  peopled  in  the  ratio  of  seventy 
inhabitants  to  six  hundred  and  forty  acres,  might  with 
proper  tillage,  independently  sustain  a  doubly  increased 
population.  No  Indian  family  can  prosperously  cultivate 
nor  make  use  of  more  laud  than  the  white  settler,  and  not 
more  than  the  well-known  quarter  section  should  be  given 
it.  Then  the  authorities  can  suffer  it  to  remain  in  undis 
turbed  possession  of  its  home,  and  sincerely  promise  that 
it  shall  enjoy  the  benefits  of  durable  improvements. 

The  dimensions  of  reservations  should  be  determined 
by  calculations  based  upon  some  such  opinion  regarding 
agricultural  demands,  according  to  the  number  of  proposed 
occupants.  Large  tribes  of  Indians  ought  to  be  divided  as 
to  residence.  Experience  proves  that  small  tribes  are 
more  susceptible  of  improvement  than  those  which  are 
numerous,  after  both  have  been  located.  An  aggregate  of 
one  thousand  or  fifteen  hundred  souls,  collected  upon  a 
single  reservation,  exacts  the  entire  time  and  ability  of  the 
faithful  agent  and  his  corps  of  assistants.  Small  bodies 
are  also  more  easily  tranquilized  and  influenced  in  all  re 
spects  than  great  ones.  The  attempt  to  collect  large 
masses  upon  reservations  in  the  north-west,  arid  there 
control  them  efficiently,  has  resulted  in  disaster,  because 
of  continued  agitation  and  turbulence,  which  were  there 
by  "rather  provoked  than  allayed.  Agents  could  do  little 
more  than  feed  them,  and  if  a  portion  reached  a  well  con 
sidered  intention  to  locate  and  till  the  soil,  the  opposition 
was  too  strong  to  allow  of  its  execution.  Those  reservations 
became  nurseries  for  treasonable  projects  and  criminal 
designs.  Pampered  indolence  indulged  in  licentious  de 
bauchery,  and  all  those  vices  in  which  depraved  barbar 
ous  nature  takes  delight.  The  agent  was  at  the  mercy 
of  his  people.  His  safety  consisted  in  the  fact  that  he 


BE   CONTROLLED   AND   IMPROVED  ?  279 

was  the  dispenser  of  Government  bounties,  and  therefore 
profit  insured  his  preservation. 

We  do  not  intend  to  enter  with  any  more  particularity 
into  those  measures  of  Indian  policy  which  suggest  them 
selves  when  considering  the  position  and  condition  of  the 
tribes,  and  the  requisite  means  of  necessary  education. 
The  main  idea  intended  to  be  impressed  is  this  : — that  the 
Indian,  unless  assisted  by  an  overpowering  force,  will  not 
give  up  his  old  habits  and  follow  peaceful  pursuits;  and 
that  if  the  Government  does  not  apply  this  power,  there 
will  be  no  radical  improvement,  until  the  force  of  circum 
stances  effects  the  change.  The  methods  of  application 
may  be  various,  and  some  of  them  much  more  practical  in 
their  natures  than  those  hinted  at  in  the  foregoing  pages. 
It  is  however  of  slight  importance  what  details  are  pur 
sued,  provided  they  speedily,  firmly,  and  without  unneces 
sary  harshness,  fix  in  the  mind  of  the  Indian  a  sense  of 
responsibility,  and  a  strong  feeling  of  individual  reliance. 
These  qualities  secured,  and  the  guardianship  of  Govern 
ment  can  be  allowed  to  terminate. 

It  is  possible,  and  we  have  thought  highly  probable, 
that  agricultural  labor  could  not  be  induced,  unless  more 
stringent  measures  than  those  suggested  should  be  adopted. 
And  yet,  a  plan  which  should  compel  it,  through  the  im 
mediate  action  of  a  present  force,  would  impose  a  condi 
tion  of  slavery.  So  also  the  establishment  of  more  rigorous 
rules  to  inculcate  moral  precepts,  and  to  make  profitable 
educational  privileges,  might  be  advantageous.  Still,  as 
they  should  not  act  with  needless  unpleasantness  upon 
those  placed  under  them,  but  appeal,  in  so  far  as  they  can 
be  made  to  do  so,  to  inclinations  and  convictions  produced 
by  the  new  surroundings,  they  should  be  as  mild  as  emer 
gencies  will  allow. 

Those  fertile  in  expedients  could  work  out  numerous 
plans,  by  which  to  impart  the  many  necessary  branches  of 


280  HOW   CAN  THE  INDIAN" 

education,  after  the  condition  of  rest  is  attained,  and  tribal 
customs  are  weakened. 

The  question  of  the  future  relationship  of  the  white 
and  red  races  to  each  other,  cannot  be  satisfactorily  deter 
mined.  Very  likely,  the  idea  that  a  large  civilized  Indian 
nation  might  be  created,  and  preserved,  within  the  country, 
has  been  entirely  abandoned.  That  has  given  way  to  the 
hope  that  Indian  communities  may  be  perpetuated,  and 
made  similar,  in  action  and  intention,  to  white  societies. 
Speculation,  however,  based  upon  tendencies  as  shown  in 
the  past,  might  lead  to  the  belief  that  such  a  hope  cannot 
be  realized. 

We  have  in  mind  more  particularly,  that  gradual  ab 
sorption  of  the  Indian  stock,  which  has  been  in  progress 
since  the  discovery  of  America,  and  which  is  even  more 
noticeable  in  Mexico,  and  in  some  of  the  South  American 
provinces,  than  in  the  United  States.  But  even  with  us, 
it  has  been  so  rapidly  progressing,  as  to  raise  a  strong  pre 
sumption,  that  the  Indian  race  will,  in  a  few  generations,  be 
practically  absorbed.  In  eighteen  hundred  and  seventy-six, 
the  Commissioner  of  Indian  Aifairs  reported,  that  nearly 
one-sixth  of  the  Indian  population  of  the  United  States, 
exclusive  of  Alaska,  was  made  up  of  mixed  bloods  ;  and 
his  figures  show,  that  only  about  one  half  of  the  Cherokees, 
Creeks,  Choctaws,  Chickasaws  and  Seminoles  are  of  pure 
extraction.  These  estimates  are  approximative,  and  really 
enumerate  the  mixed  bloods  at  too  low  a  rate.  At  many 
of  the  agencies,  a  large  number  of  the  half  and  quarter 
breeds  there  dwelling  seem  to  be  almost  entirely  ignored. 

We  would  not  attempt  to  say,  whether  this  amalgamating 
tendency  is  natural,  or  is  due  more  particularly  to  circum 
stances  ;  but  simply  state  the  fact  that  it  exists,  and  that 
there  does  not  seem  to  be  a  sufficient  antipathy  of  race  to 
prevent  its  continuance.  If  due  to  circumstances,  the  very 
measures  which  have  been  devised  to  arrest  its  operation, 


BE  CONTROLLED  AND  IMPEOVED  ?         281 

have  apparently  assisted  it.  It  is  not  those  tribes  which 
have  uninterruptedly  lived  in  portions  of  thickly  settled 
States,  nor  those  of  the  far  West  which  have  been  undomi- 
ciled,  and  therefore  unaffected  by  law,  which  display,  in 
the  greatest  degree,  the  complexion  and  lineaments  of  the 
whites  ;  but  those  which  have  dwelt  for  a  long  time  upon 
the  border  of  civilization,  and  have  been  subjected  to  the 
regulations  of  the  Indian  Bureau.  More  than  eleven- 
twelfths  of  the  New  York  Indian  population  is  reported  to 
be  of  pure  Indian  blood,  and  the  wild  tribes  show  a  much 
greater  race  purity. 

Undoubtedly,  in  localities  where  the  two  races  inter 
mingle,  the  extent  to  which  amalgamation  or  intermarriage 
is  practiced,  depends  largely  upon  the  proportion  of  females 
in  the  white  population.  If  the  two  sexes  are  numerically 
balanced,  there  is  but  little  intermixture.  Upon  this 
theory  we  will  base  the  assertion,  that  within  a  few  gen 
erations  of  time,  the  New  York  Indians  will  exhibit  more 
true  representatives  of  the  original  stock  than  any  of  the 
wild  tribes  of  the  plains. 

If  the  measures  which  have  been  attempted  in  order 
to  prevent  this  social  and  domestic  commingling,  have  not 
really  aided  it,  they  have  been  powerless  to  prevent  it. 
Indeed,  as  the  tribes  are  situated,  it  would  be  difficult  to 
suggest  a  possible  remedy.  There  are  but  few  instances  in 
history,  where  clans,  tribes,  or  people,  of  a  distinct  stock, 
have  been  so  partial  to  their  own  lineage  or  descent,  as  to 
be  checked  from  affiliating  with,  and  intermarrying  among 
those  of  a  different  origin  and  nature,  in  case  both  are 
thrown  into  close  neighborhood  ;  whether  or  not  there  is 
among  either,  disparity  as  regards  the  number  of  sex. 
Religious  antagonism  and  fanatical  opposition  have  proved 
greater  restraints  to  admixture  of  blood  than  pride  or  love 
of  race. 

People  of  varying  types  unite  and  become  as  one,  when 


282  HOW   CAN   THE   IKDIAtf 

placed  under  the  same  system  of  laws,  with  equality  of 
freedom  and  political  rights.  The  consequence  of  this 
union  is  a  new  order  of  humanity,  in  which  the  character 
istics  pertaining  to  both  branches  of  ancestors  are  to  a  cer 
tain  extent  displayed.  The  fusion  of  discordant  social 
elements  among  the  nations  of  Europe  has  resulted  in 
homogeneous  populations.  How  many  different  races, 
how  many  diversified  civilizations,  how  many  hordes  of 
barbarians,  have  been  combined  to  make  up  the  present 
kingdom  of  Italy.  Each  has  brought  its  influence  to  bear 
upon  the  national  character,  and  has  produced  mental  and 
physical  modifications — even  though  foreign  blood  has  not 
at  any  time  been  sufficiently  taken,  to  destroy  traditional 
sentiments. 

The  gradual  absorption  of  our  Indian  stock  will  as 
suredly  continue,  and  it  is  probable,  that  it  will  be  finally 
merged  in  the  great  body  of  our  white  population.  The 
question  whether  the  unity  of  the  two  races  will  produce 
vigorous  physical  organisms,  is  still  debatable ;  and  the 
psychological  inquiry,  whether  the  product  will  be  men 
tally  and  morally  of  an  inferior  order,  is  still  unsettled  in 
the  minds  of  many.  Our  own  opinions  upon  the  latter 
subject  are  decided,  and  have  already  been  advanced. 
The  cross  will  be  an  inferior  being,  both  in  mind  and 
morals,  when  viewed  in  the  light  of  our  civilization,  or 
rather,  when  measured  by  the  rules  prescribed  by  our  civ 
ilization,  as  tests  of  nature  and  quality. 

However  much  such  an  ultimate  result  is  to  be  de 
plored,  the  effect  will  scarcely  be  perceptible  upon  our  in 
stitutions,  except  in  those  sections  of  country  where  the 
Indians  shall  have  been  collected  in  masses.  They  are 
now  in  numbers,  only  as  one  to  ninety  of  our  entire  white 
population ;  and  indeed  as  one  to  twelve  of  our  colored 
population.  In  nineteen  hundred,  the  ratio  of  Indians  to 
whites,  even  if  the  two  races  can  be  restrained  from  much 


BE  CONTROLLED  AND  IMPROVED  ?        283 

intermingling,  will  be  about  as  one  to  one  hundred  and 
seventy-five.  Whatever  view  therefore,  may  be  taken  of 
this  social  problem,  no  decided  effect  can  be  produced  upon 
our  national  character.  It  is  only  in  the  event  that  In 
dians  are  collected  in  large  bodies  (which  certainly,  in  so 
far  as  attempted,  seems  to  have  encouraged  amalgamation,) 
that  any  danger  is  to  be  apprehended.  Should  a  course 
of  action,  having  for  its  object  the  concentration  of  the 
tribes,  be  persistently  and  successfully  prosecuted,  we 
shall  have,  within  the  heart  of  the  United  States,  an  ele 
ment  which  will  there  prolong  social  disorder  for  genera 
tions  to  come.  If  scattered  throughout  the  interior,  its 
effects  will,  in  a  short  time,  be  neutralized. 


THE   END. 


J 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below, 
or  on  the  date  to  which  renewed.  Renewals  only: 

Tel.  No.  642-3405 

Renewals  may  be  made  4  days  priod  to  date  due. 
Renewed  books  are  subject  to  immediate  recall. 


REC'DLD 


17MOAM53 


X 


REC.  CIR,    APR     3  '75 


LD  21-1 


DFC 


LD21A-60m-8,'70 
(N8837slO)476— A-32 


U.  C.  BERKELEY  LIBRARIES 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


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